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Affirmative waste

 

"Under California law, 'waste' is defined as the destruction, misuse, alteration, or neglect of real property by a person who is in lawful possession to the injury of the interest (or estate) of another in the property.  'Bad faith' [i.e., voluntary] waste must be caused by the reckless, intentional or malicious injury to the property."

In re CMR Mortg. Fund, LLC, Bkrtcy. No. 08-32220 TEC, 2009 WL 2849522, at *9 (Bkrtcy. N.D.Cal. May 8, 2009) (citation omitted).