Legal Opinion

Bre DDR BR Whittwood Ca LLC v. Farmers & Merchants Bank of Long Beach

California Court of Appeal, 5th District

Decided August 29, 2017No. B272168PublishedCited by 2 opinions

1Opinion of the CourtKriegler, Acting P.J.

*995When a shopping center tenant defaulted on a secured loan, the lender took possession of the premises through foreclosure and transferred its interest to a third party. Later, the third party surrendered the premises. The landlord filed this action against the lender to enforce the lease obligations, including payment of rent for the full lease term. The trial court granted summary adjudication in favor of the landlord because the foreclosure documents referred to the lease, and the lease required transferees to assume the lease obligations. On appeal, the lender contends that it was…

2Cases cited25 opinions

  1. Morehart v. County of Santa BarbaraCalifornia Supreme Court · 1994
  2. County of Alameda v. CarlesonCalifornia Supreme Court · 1971
  3. Hartman Ranch Co. v. Associated Oil Co.California Supreme Court · 1937
  4. Cheriton v. FraserCalifornia Court of Appeal · 2001
  5. ASP Properties Group, L.P. v. Fard, Inc.California Court of Appeal · 2005

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3Cited by2 opinions

  1. Brick Development v. CNBT IINebraska Supreme Court · 2018
  2. Brick Development v. CNBT IINebraska Supreme Court · 2018

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