Recent Legal Developments
Wednesday, February 14, 2018, 12 noon - 1 p.m.
Earn 1 hour of participatory MCLE credit. You must register in advanced to participate.
Background and History of the ADA
California Center for Disability Access
ADA Title III: Requirements & Compliance, CASP Professionals
Common ADA Violations
Settlement of ADA Claims
Moderator: Steven Blake
Speakers: Bassam Altwal, Angela Jemmott and Daniel Watts
Network and share ideas with Real Estate Professionals from around the State.
Save the Date!
Thursday - Sunday, April 19 – 22, 2018
37th Annual Real Property Law Section Retreat
April 19 – 22, 2018
Hyatt Regency San Francisco
Check back here for all the details as we get closer to the date.
By Mark Allen Wilson, Esq. and Charles D. Richmond, Esq.
A long-held misconception by some under California's Fair Employment and Housing Act ('FEHA") is it is the disabled tenant/owner-resident's responsibility to initiate an interactive process with the property owner or Home Owners Association ("HOA") after a disability accommodation request. Acting on this ill-conceived notion could expose a property owner or HOA to civil liability for disability discrimination.
For the first time ever, CACI jury instructions and verdict forms now include disability discrimination in housing under the California Fair Employment and Housing Act (“FEHA”), effective July 28, 2017, although a separate jury instruction for “failure to engage in the interactive process,” a stand-alone civil cause of action, is glaringly absent. [See Lauralyn Swanson v. Morongo Unified School District (2014) 232 Cal.App.4th 954, 963-964, __ Cal.Rptr.3d __: Failure to engage in the interactive process is “a separate cause of action” under FEHA]. Despite the critical importance of the interactive process in FEHA disability discrimination in housing cases and in disregard to urging by legal practitioners during the CACI commenting period, the California Judicial Council failed to include even a reference to the interactive process in the two recently enacted FEHA “disability discrimination in housing” jury instructions (i.e. - CACI 2548 “Refusal to Make Reasonable Accommodation in Housing” and CACI 2549 “Refusal to Permit Reasonable Modification to Housing Unit”).
Courtesy of CEB, we are bringing you selected legal developments in areas of California real property law that are covered by CEB’s publications. This month’s feature is from the October 2017 update to CA Mechanics Liens and Related Construction Remedies (Cal CEB). References are to the book’s section numbers. See CEB’s RPLS landing page for special discounts for section members.
In response to a supreme court ruling that charter cities need not require contractors to comply with prevailing wage laws in their public works projects, Lab C §1782 was enacted to provide financial incentives for charter cities to require contractor compliance with prevailing wage laws. In 2016, a court of appeal held that such financial incentives neither violate the constitutional "home rule" doctrine nor violate prohibitions against legislative restrictions on local governmental entities' use of local taxes. City of El Centro v Lanier (2016) 245 CA4th 1494. See §§1.16, 9.5.
Prejudgment interest is available on construction contract claims when the damages sought are certain or capable of being made certain by calculation. CC §3287(a). When liability is disputed but the amount claimed is not, the claimant remains entitled to an award of prejudgment interest. Watson Bowman Acme Corp. v RGW Constr., Inc. (2016) 2 CA5th 279, 294. See §1.27A.
Although in Cates Constr., Inc. v Talbot Partners (1999) 21 C4th 28, the California Supreme Court ruled that a developer, the obligee under a performance bond, may not recover tort or punitive damages for a bond surety's breach of the covenant of good faith and fair dealing, a federal district court recently suggested that a claim for breach of contract may lie against the surety by an obligee. See Archer Western Contractors, LLC v International Fidelity Ins. Co. (SD Cal, March 26, 2017, No. 16-CV-1494 JLS (BGS)) 2017 US Dist Lexis 31594, cited in §§1.49, 10.3, 10.6.
Attendance is FREE for RPLS Members, and $15.00 for Non-Members. All tickets include 2 drinks and light appetizers. Walk-ins will be accommodated depending on space. Reserve your tickets here.
Dear Section Members:
We are excited to share with you an update on the future of the Real Property Law Section! On October 2, 2017, Governor Jerry Brown signed SB 36, a bill which will separate all practice area sections (Sections) from the State Bar as of January 1, 2018. The State Bar will continue as the sole entity in charge of lawyer admissions, discipline, and MCLE compliance. The 16 Sections and California Young Lawyers Association (CYLA) have come together to create the California Lawyers Association (CLA), which will be the bar of California attorneys responsible for producing MCLE and networking programs, and providing the attorney services currently provided by the Sections.
The CLA will consist of approximately 108,000 members, including the members of the 16 Sections and the CYLA. It will operate as a private 501(c)(6) non-profit corporation and become the second largest voluntary association of lawyers in the nation, smaller only than the American Bar Association. The CLA will be governed by a board of directors comprised of representatives from each Section and the CYLA, selected by the individual Section executive committees. Of particular note is that the CLA will be completely self-funded and will not receive any money from the State Bar’s mandatory membership fees. The Sections will rely primarily on voluntary Section membership dues to fund ongoing programs. Attorneys paying their State Bar dues will not automatically become members of the CLA, but can become members by joining any of the current 16 Sections or CYLA.
This is great news for our members! The Real Property Law Section will have greater autonomy and flexibility, which will translate into an overall better member experience. As always, you will be able to count on the Real Property Law Section to provide easily accessible MCLE credits through webinars and live lectures as well as networking events throughout the State. We will also be increasing our members’ access to and awareness of new legal developments through a new online platform.
Your membership with the Real Property Law Section will allow you to continue enjoying the following services:
Your Real Property Law Section will continue to organize and sponsor the following events in 2018:
We are exploring all the ways to take advantage of this new freedom to better serve the needs of our members and encourage you to reach out to us to provide input as to what you would like to see from your Real Property Law Section. Please remember to join the Real Property Law Section the next time you pay your Bar dues.
Interested in getting more involved in our Section, e.g., writing in the Real Property Law Journal or monthly E Bulletin, organizing or speaking at a local MCLE program or webinar, planning the Annual Retreat, a RPLS Symposium, organizing a local networking event, or applying for membership on the Executive Committee? We would love to hear from you! Please contact either Gary Laturno or Christine Gregorak, RPLS co-chairs at the contact information below.
With best regards,
Gary M. Laturno (email@example.com); 619-741-9652
Christine Gregorak (firstname.lastname@example.org); 415-331-2555
We're pleased to announce that the Real Property Law Section has its own social media presence now. Please like us on Facebook and follow us on Twitter. We're looking forward to interacting with a wider community and reaching out to people who are not currently members.
Continuing Education of the Bar, California (CEB) is extending some special discount offers to our section. As a member of the Real Property Law Section, you're eligible for:
Information about the section dues rebate program can be found on the CEB Web site.
Real Property Law Section
California Lawyers Association
180 Howard Street, Suite 410
San Francisco, CA 94105-1639