Legal Opinion
Lovelady v. Bryson Escrow, Inc.
California Court of Appeal
Decided July 28, 1994No. B072189PublishedCited by 3 opinions
1Opinion of the Court
Opinion
GILBERT, J.
Here we hold that security interests in real estate leases are not governed by the Commercial Code. Nevertheless, we also hold that a UCC-1 financing statement which specifically states that it covers a leasehold interest, may be sufficient to constitute a leasehold mortgage.
We affirm the judgment of the trial court entered pursuant to the defendants’ motion for judgment on the pleadings.
Facts
In 1981 plaintiffs William and Vemeddral Lovelady leased property pursuant to a written agreement in the City of Fillmore for the purpose of operating their restaurant, “Henry’s.” The…
2Cases cited5 opinions
- Coast Bank v. MinderhoutCalifornia Supreme Court · 1964
- In the Matter of Robert Charles Shelton, Edwin J. Gasaway, Trustee in Bankruptcy v. Raymond ErwinCourt of Appeals for the Eighth Circuit · 1973
- Hoag v. HowardCalifornia Supreme Court · 1880
- Heredia v. Farmers Insurance ExchangeCalifornia Court of Appeal · 1991
- Brown v. JohnsonCalifornia Court of Appeal · 1979
3Cited by3 opinions
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- Atascadero Factory Outlets, Inc. v. Augustini & Wheeler LLPCalifornia Court of Appeal · 2000
- United Airlines Inc v. HSBC BankCourt of Appeals for the Seventh Circuit · 2005