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Equitable Servitude

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Juarez v. Ward, No. B313272, 2023 Cal. App. LEXIS 125 (Ct. App. Feb. 24, 2023)

An equitable servitude may be created in personal property by agreement. (Nadell & Co. v. Grasso (1959) 175 Cal.App.2d 420.)  Here, the Academy of Motion Picture Arts & Sciences, which confers Oscars, created an equitable servitude in the statuettes (the Oscars) it distritubes to winners of its prize.  The servitude allows the Academy to repurchase the statuette if the winner… Read More