Marina Pac. Homeowners Ass’n v. So. Cal. Fin. Corp.

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Marina Pacifica was built on Long Beach waterfront land owned by McGrath and leased to the limited partnership (LP) in the 1970s. The ground lease was subdivided into 570 leases, one for each condominium unit. When LP sold a unit, it assigned the unit lease to the purchaser. The leases required owners to pay monthly rent to McGrath and an “assignment fee” to LP. Both payments were nominal ($15) until 2006, when they would be recalculated so that together, they would equal 10 percent of the value of the underlying land. In 1999, the Homeowners Association purchased the underlying land from McGrath for $17 million. Each owner paid a pro rata share. Owners no longer pay rent. The HOA attempted to buy out the assignment fee before the 2006 adjustment. In 2000, it purchased the interests of two limited partners (56.25 percent) for $5 million. It was unable to reach agreement with Lansdale to buy his 43.75 percent interest. Litigation resulted in a finding that the land’s fair market value was $60,615,500. The HOA instructed owners not to pay and filed suit, alleging that the assignment fee is invalid or overstated, and that the purchase of the underlying land extinguished the lease. The court of appeal reversed a holding that the assignment fee was an invalid transfer fee after December 31, 2008, under Civil Code 1098 and 1098.5 and directed the court to enter judgment for the HOA on contract claims. View "Marina Pac. Homeowners Ass'n v. So. Cal. Fin. Corp." on Justia Law