California Court of Appeal

Reset A A Font size: Print

City of San Marcos v. Loma San Marcos, D062628

In this case, defendants purchased a 15-acre property subject to a security and lien agreement with plaintiff City. Under the agreement, the property owner was obligated to pay the City impact mitigation fees by dates certain, but after purchasing the property and negotiating an amendment extending the payment deadlines, defendants failed to pay the fees. The City thereafter brought this judicial foreclosure action. Judgment in favor of the City is affirmed, where defendants, represented by sophisticated real estate investors, entered into a binding agreement with the City to pay the fees at issue or face foreclosure of the property.

Appellate Information

  • Decided 02/27/2015
  • Published 02/27/2015

Judges

  • Nares

Court

  • California Court of Appeal

Counsel