2:30 p.m. - 5:30 p.m.
Moderator: Neil Kalin, California Association of REALTORS®
3:30 p.m. - 5:00 p.m.
5:15 p.m. - 5:30 p.m.
Welcome to the 37th Annual Real Property reception featuring wine tasting sponsored by Boisset Winery, Bouchaine Vineyards,
Gentleman Farmer, and Modus.
5:30 p.m. - 7 p.m.
See Social Events/Activities Section of brochure for details and fees.
7:00 a.m. - 5 p.m.
Complimentary. RSVP required on registration form.
7:30 a.m. - 8:30 a.m.
“The Future of the Real Property Law Section”
Speakers: Gary Laturno and Christine Gregorak, 2018 Co-Chairs, Real Property Law Section
8:30 a.m. - 9 a.m.
1.25 Hours of MCLE Credit
This panel will provide a detailed survey of top 10 real property cases of 2017.
This panel will highlight not-so-obvious costs and liabilities of tenants commonly contained in today’s landlord lease forms
and will provide helpful tips for negotiating against, or around, such language. Topics include: CASp inspection clauses; Cost
increases due to density restrictions; Insurance requirements; “reasonable” conditions to sublease or assignment consent;
hidden consent requirements for permitted transfers; profit centers; trash charges and secret kickbacks; “controllable” CAM;
capital expenditurees; landlord liens; relocation rights; and restoration requirements.
Much of the new housing supply in this market upturn continues to come from dormant subdivisions, projects which began
during the boom years and were subsequently abandoned after the market crashed. While rebooting a broken subdivision
has obvious advantages for residential developers and builders, many potential problems await the unwary. Learn what
to look for during due diligence and how to advise clients who are considering acquiring a broken project from a panel
consisting of a land use attorney, a civil engineer and a title officer experienced in dormant subdivisions.
Moderator: Steven W. DeLateur, The Law Office of Steven W. DeLateur, PLC
A discussion of the most recent private letter rulings, case law and legislation that have created solutions to the most complex
1031 Exchanges. We will explain creative solutions to related party challenges, exchanges that go outside the “safe harbor”,
partnership issues, and other advanced topics.
Moderator: Stephen B. Sanders, Senior Vice President, Fidelity National Title
Common mistakes in taking title, transfer-on-death deeds, surviving spouse liability, real property gifts and co-tenant rights of the estate.
Moderator: Ashley M. Peterson, Law Office of Ashley M. Peterson
9:15 a.m. - 10:30 a.m.
This panel will examine state and local housing policies, development constraints and opportunities, and economic trends
affecting housing development in California.
Moderator: Susan Bloch, Burke, Williams & Sorensen, LLP
This program will explain how easements are created, the many different types of easement, how they impact property
ownership and how to deal with the disputes that commonly arise from them.
Moderator: Jerry Hemme, Goode, Hemme Peterson
The program will highlight tax planning ideas (and their efficacy) that may become more popular given the change in the
law. Learn about changes in depreciation rules for real estate investments and their effect on decisions regarding structuring
real estate acquisitions and dispositions, including whether or not to use a Sec. 1031 Exchange. Questions to be discussed
include: (1) Are Cost Segregation Studies still a good idea? (2) Entity selection and tax planning. Does it make sense to
consider a C-Corporation in your business and estate plans? (3) The implications of leverage and the new tax law on Real
Estate Investment ROI (Return on Investment); and (4) How will the new rules change the debt-financing landscape?
Large swaths of real estate, including shopping centers, office buildings, commercial and residential condominiums, and
planned unit development are governed by private restrictions in the form of CC&Rs. But, in our rapidly changing world, these
private contractual agreements, which often have no or very limited built-in mechanisms for termination or modifications, can
lock parties into specific use provisions that may no longer make sense as they limit redevelopment of such projects. This can
create major conflicts and headaches for owners and their counsel—and society as a whole. This lively panel discussion will
review the challenges and strategies for successfully dealing with these issues.
2017 has been touted as the ‘year of housing’ in the Legislature. Based on the Legislature’s concern that local governmental
approvals are one of the biggest obstacles to approval of housing at all income levels, numerous bills were enacted to provide
‘by right’ approvals and narrow the grounds for denying or reducing the density of conforming housing projects. This session will
describe the bills that have been signed by the Governor and what can be expected in the next Legislative session.
10:45 a.m. - 12 noon
Complimentary. RSVP required on registration form.
 Real Estate Reimagined: When Tech and Real Estate Meet
Moderator: Tony Natsis, Allen Matkins
Jay Bechtel, Head of Google Real Estate for Northern California
Liz Hart, Executive Managing Director, Newmark Cornish & Carey
12:15 p.m. - 1:30 p.m.
This panel will examine residential real estate purchases by foreign investors buying property in California including: tax and
immigration law implications with foreign investors, and other legal issues related to residential purchase agreements.
Moderator: Ashley Peterson, Law Office of Ashley M. Peterson
This is a workshop designed to help with any and all aspects of real estate joint venture creation and negotiations among the joint
venture parties. Workshop includes expertise by transactional lawyers and a tax specialist. Learn more about entity selection,
management, protecting capital partners, best exit provisions, and carefully drafting the waterfall. All practice levels are welcome.
Moderator: Beth Pennington, Pennington Lawson LLP
Assignment and sublease concepts, ramifications and documents are often misunderstood by real estate practitioners. The panel
will cover ways to draft assignment and subletting provisions in a lease, discuss issues presented by the assignment and sublease
documents themselves and examine what needs to be addressed when the master lessor consents to an assignment or sublease.
Learn how to “triage” a commercial or residential property for ADA and other disability access issues and the importance of
commercial lease provisions governing responsibility for making a leased space ADA compliant. This session will also discuss
important distinctions between the ADA, the California Unruh Civil Rights and Disabled Persons Acts and fair housing laws
with regard to accessibility and assistive animals. It will include a discussion of what the Department of Housing and Urban
Development looks for when investigating ADA, 504 and Fair Housing Act violations relative to accessibility and assistive animals.
Moderator: Lynn N. Dover, Kimball, Tirey & St. John LLP
This seminar will address the staggering number of bankruptcy filings by retailers in 2017 and early 2018, the overwhelming
number of stores that have closed and remain dark, why so many new Chapter 11 cases are being filed outside of traditional
venues of Delaware and New York, and the nature and handling of recent rent restructuring requests from distressed retailers
(including rent reductions, conversion to percentage rent and termination rights). The impact of recent and anticipated
bankruptcy filings on jobs, smaller American communities, landlords and lenders, including receiverships, foreclosures and
landlord bankruptcies, will also be discussed, along with recent case developments impacting leases in bankruptcy cases.
1:45 p.m. - 3 p.m.
Panelists will discuss common problems owners face when they own/inherit property as tenants in common and remedies
including TIC/partnership agreements, buyouts and partition actions.
(Qualifies for 1.25 Hours Elimination of Bias Credit)
This panel will bring together top employment lawyers to discuss sexual assault, harassment and inequality in the real estate
Moderator: Professor Christine Chambers Goodman, Pepperdine School of Law
California has had EOLOA for nearly two years. This presentation will cover the key elements of the law, its restrictions, data on
usage, experience in the field, and other options for a peaceful, dignified and family-oriented death. Included will be advice
to lawyers: what’s wrong with the advance directives you write, and why.
This program will discuss resolving administrative actions and/or government lawsuits arising from building and housing code
citations as well as representing landlords and tenants in private lawsuits arising out of code violations.
Moderator: Jethro Busch, Steven Adair MacDonald & Partners, P.C.
As the world quickly goes techie, the real estate industry is keeping its slow and steady pace. From deal management
platforms to financial platforms to software designed to extract data to assist with real estate transactions, we all need to stay
on top of where the industry is moving. Promising to be more efficient for your client, use of these technologies may come with
added risks to keep in mind. Let’s find out how deals are done and property is managed using new CRE technology from the
leaders in CRE-Tech on our panel.
3:15 p.m. - 4:30 p.m.
5 p.m. - 6:30 p.m.
Join your fellow real estate solo practitioners to share tips on managing a solo practice, getting (and keeping!) clients,
marketing and thriving as a solo. Non-solos who are interested in learning more about making the leap to solo practice are
also welcome. Dinner will be provided.
6:30 p.m. - 8:30 p.m.
7a.m. - 3p.m.
7:15 a.m. - 7:45 a.m.
Real Property Law Section presents its Outstanding Service Awards and Student
8 a.m. - 8:15 a.m.
A viewing and panel discussion with filmmaker Sharon Rowen and California Supreme Court Justice Therese Stewart.
Balancing the Scales explores what it means to be a female lawyer in America. It features a series of high-profile
interviews conducted over a span of 20 years. Interviewees including Supreme Court Justice Ruth
Bader Ginsberg and well known civil rights attorney Gloria Allred. The documentary details the challenges
female lawyers face and examines why gender inequality still exists in the legal field and in all professions.
Gender bias, unequal pay, and the slow growth positions of women in positions of power and influence
are themes that resonate today as loudly as they did for women in former decades. The film explores
today’s attitudes toward professional women, and allows a starting place for a national conversation
about how gender equality can be achieved.
8:30 a.m. - 10 a.m.
A panel of five intergenerational female Commercial Real Estate attorneys put their hardhats on to have an honest and
interactive discussion with the audience on how to counter bias specific to the real estate industry, and identify known
strategies that can be employed by male and female allies. With years of collective experience and insights, all attendees
will walk away with new tools and architectural plans to move the needle ever closer to a bias-free profession.
Moderator: Elaine Andersson, Lubin Olson & Niewiadomski LLP
Master mediators from Southern California will share their perspectives on practices that help or hinder achieving settlement
and client satisfaction in mediation. Participants will learn successful and ethical negotiation techniques, as well as
negotiation planning, opening offers, settlement psychology, managing client expectations, principles of persuasion and
practice tips to anticipate impasse and avoid it and how to make mediation advocacy more effective.
Moderator: Ana Sambold, Mediator, National Conflict Resolution Center (NCRC)
(Co-sponsored by the Environmental Law Section)
Our panel of experts will discuss the latest developments and hot topics regarding conducting site assessment and
undertaking remediation, in the context of the prospective development, sale or leasing of contaminated properties. Among
the issues to be discussed will be the latest Brownsfield policies, how to best navigate soil vapor intrusion issues – the issue
de jure of many agencies; the do’s and don’ts of seeking and obtaining closure/no further action letters from government
oversite agencies; and an exploration of those strategies to implement to best protect against or minimize your environmental
liabilities when transacting a deal involving impacted properties. Our panel will also address the latest impacts on these issues
resulting from the new Trump Administration’s environmental policies.
Moderator: Gary A. Meyer, Parker, Milliken, Clark, O’Hara & Samuelian
This program will highlight some of the real estate trends and hurdles that have been observed since issuance of State
cannabis licenses on January 1, 2018. We will discuss some of the observed tax implications on real property in light of the
State and local cannabis excise taxes and will discuss CEQA trends in cannabis project entitlements. We will also summarize
the regulations and provide an overview of trends in current “green zones” throughout the State.
Real estate executives and analysts from the commercial finance and equity markets will discuss their views of current market
trends and projections for the next 12 months—what deals are being made and where, whether the market is becoming
“overheated” and if so, in what sectors (or “I’m CEO of a real estate fund - where do I invest?”); how lenders distinguish
themselves in an increasingly competitive market; what’s changed in the last 12 months; the impact of tax reform and the
effect of increasing interest rates on the market; and when is the next recession?
Moderator: William Bernfeld, Akerman LLP
10:15 a.m. - 11:45 a.m.
Complimentary boxed luncheons will be provided for program attendees. Details provided in onsite program. Pre-select and
attend one of the following concurrent sessions on the Course Selector.
This panel will cover key issues arising from property losses which will include lease negotiations and lease terms, available
insurance, subrogation, and recovery to name a few. We will continue to refine the topics and be prepared for an engaging
back and forth with the audience.
Moderator: Victor Rocha, Subrogation Legal, State Compensation Insurance Fund
This lively panel will share their insights on the process of deciding to go in-house as well as the change in mindset required
when transitioning from outside counsel to in-house counsel.
Moderator: Suzette Torres, VP Regional Counsel, North American Title Company
This panel will evaluate the ethical rules that real property attorneys should considered in real estate transactions in
which multiple parties all involved and the transactions are initially non-adversarial. The panel will review the applicable
California Rules of Professional Conduct, the State Bar Act, court decisions and practical tips regarding joint representation,
confidentiality, conflict of interest, written disclosures, waivers, and when it is may be necessary for attorneys to withdrawn
The panel will discuss and provide practical tips on cutting-edge issues facing attorneys, mediators, private judges and
the Court. The discussion will include the ethical duties of court-connected mediators; confidentiality of mediation and
proposed legislation to create exceptions to the Mediation Privilege; disclosure of conflicts of interest and the danger of the
proceedings being voided; continuing jurisdiction for completion.
Moderator: Marty Triano, Triano & Bryne
• How to draft transactional closing conditions tied to obtaining development project entitlements
• Public agency real estate agreements before completion of environmental review under the California Environmental
• Effect of entitlement-related and other title restrictions on future use, development and sale of property, such as CC&Rs,
easements, entitlement conditions of approval and transportation demand management and other mitigation measures
• Interplay of business and land use terms in statutory Development Agreements (DAs) used to vest project approvals
• Considerations when drafting Disposition and Development Agreements (DDAs) for public/private land deals
• Interaction of conditions of approval, DAs, DDAs, and other improvement agreements on end user operational objectives
and sale of property
• Allocation of development obligations and conditions of approval among multiple owners and transferees
12 p.m. - 1:15 p.m.
Learn what every real estate lawyer needs to know about the Bureau of Real Estate and its power to investigate and pursue
the discipline of real estate licensees.
Moderator: William Jansen, Broker Risk Management, LLP
(Note this Session Provides 1 Hour MCLE Credit)
This one-hour presentation uses case studies from legal cases that have been adjudicated in courts and arbitration in various
jurisdictions in Southern California. A variety of different techniques have been used by people to fraudulently acquire real
estate by altering documents or applying someone signature to a document. After attending the seminar you will have an
understanding of what to look for when a prospective client claims that real estate documents have been fraudulently created.
Locard’s exchange principle states that the perpetrator of a crime will leave evidence at the crime scene or take evidence
from the crime scene that can be used as forensic evidence to solve the crime. In each of these cases, the method by which
this evidence was discovered is presented. The cases presented are:
Speaker: Mike Wakshull, Q9 Consulting, Inc.
Professors discuss the most important decisions of the past year affecting the real property community.
Roundtable Organizer: Professor Roger Bernhart, Golden Gate University School of Law
The California legislature’s 2011 abolition of redevelopment caused a seismic shift in funding for infrastructure, housing and
other real property development in California. California is now one of the only states in the country without redevelopment.
At the time dissolution happened, hundreds of millions of dollars were already committed to projects that were well underway
when the legislature acted. Dozens of lawsuits have been filed, challenging redevelopment dissolution’s impairment of
ongoing contracts. This panel will report on how the courts have been deciding redevelopment dissolution issues, and the
effect of those decisions on project funding.
Moderator: Dianne Jackson McLean, Goldfarb & Lipman LLP
It turns out that the keys to successful jury selection are the same as the keys to successful client development: understanding
potential sources of bias or a closed mind, recognizing triggered emotional states, and knowing how to ask the right questions
to develop connections and rapport, even under the constraints of a courtroom setting or connecting with a client who has
strong emotions or anxieties about their situation. This workshop taught by trial consultant Sarah Murray and attorney Giselle
Roohpravar teaches you the basics of how to have these difficult conversations.
1:30 p.m. - 2:45 p.m.
Join other Retreat conference attendees for Saturday night dinner to discuss professional topics and network in a small,
friendly setting at nearby restaurants. You will not want to miss this opportunity to network with your peers but also experience
San Francisco’s fabulous restaurant scene. Choose from a variety of restaurants within walking distance of the Hyatt, including
Slanted Door, One Market, Crystal Jade Jiang Nan, Boulevard, Fog City Diner, Rosa Mexicano, Il Fornaio, Cafe Jacqueline
and Kokkari. Or experience a truly unique dining experience by joining a group excursion to Spark Social San Francisco (see
Schedule of Special Activities for more details on Spark Social). For the Dine Arounds, visit the Executive Committee table
(located in the registration foyer at the Hyatt) to sign up for dinner (which is at each attendee’s individual expense). Each Dine
Around dinner reservation will be limited to parties of 8. For Spark Social, sign up through online registration along with your
7:15 a.m. - 11:15 a.m.
This seminar will seek to educate attorneys on the fundamentals of ADA law in the State of California. For example, listeners will
learn, among other things, the history behind the ADA; they will learn what types of properties are obligated to comply with
the ADA and what they must do to be in compliance; they will learn what types of claims and defenses are available in ADA
litigation; and they will learn settlement strategies to use in ADA litigation.
Moderator: Steven W. Blake, Galuppo & Blake
This panel, comprised of a real estate litigator, a bankruptcy attorney and a transactional real estate attorney, will identify
several commonly litigated issues relevant to commercial leases, and explore the ways in which the lease provisions governing
these topics influence the outcome of litigation.
Moderator: Lara Farasat, Lara Farasat Law Offices
This first part of the presentation will focus on substance abuse and provide highlights from Abraham Twerski’s book “Addictive
Thinking Understanding Self-deception”, as well as offer tips about how to identify other’s behaviors, attitudes, and emotions
as they journey through addiction. This presentation will include a discussion of the rules regarding competency and address
the impacts of the issues raised by Ms. Nishigaya on fellow practitioners and clients.
The U.S. Supreme Court issued a ruling that the Federal Fair Housing Act included claims based on disparate impact and HUD
released its new Affirmatively Furthering Fair Housing. These two actions taken together have the potential to change how
government decisions for affordable housing are made. This panel will discuss the decision and the new rules and impacts
of both on affordable housing developers both in the selection of sites for new development as well as the operation of
The Legal Malpractice statute of limitations, C.C.P. section 340.6 protects attorneys from stale claims. However, by its terms, it is
tolled by an attorney “continuous representation” of the client. What constitutes continuous representation is not clear cut. This
program will discuss what actions and communications between attorney and client terminate the attorney client relationship
commencing the one year statute of limitations. Attorneys will learn skills to protect themselves from claims of never-ending
representation, while maintaining positive client relations, and future business opportunities.
This panel will provide tips for dealing with the AIR form lease from using the software (including the 2017 update) as well as
practical tips for negotiating from the landlord and tenant perspectives.
(Co-sponsored by the Environmental Law Section)
Environmental contamination issues have the potential to slow down or stop real estate transactions and expose all parties to
unanticipated costs and liabilities. At the same time, real estate lenders, developers and insurers have become more fluent
in evaluating environmental issues, and if handled correctly, most issues shouldn’t become roadblocks. This session provides
an overview of common types of environmental issues, the appropriate steps for buyers and sellers to take when unexpected
environmental issues arise during real estate transactions, and describes new insurance options that can be leveraged to limit
liability and financial risk including:
• Conducting “All Appropriate Inquiry”—buyer obligations and incentives;
• Assessing the scope and magnitude of the environmental issue;
• Estimating remedial cost (with caveats);
• Limiting liability and financial risk with insurance such as Site Pollution Legal Liability Policies, excess indemnity and Cost
Cap cleanup policies; and
• Limiting liability and financial risk via regulatory vehicles, such as California Land Reuse and Revitalization Act (CLRRA)
and Prospective Purchaser Agreements.
Moderator: David Dixon, Principal Geologist, Roux Associates, Inc.
Given the recent proliferation of new eviction and rent control ordinances in municipalities throughout California (e.g.
Emeryville, Richmond, Mountain View, and Alameda) and amendments to existing laws in other cities (e.g. San Francisco
and Oakland), there is an ever greater need for landlords to diligently draft and serve legally compliant eviction notices. A
landlord’s non-compliance with these laws jeopardizes not only the ensuing unlawful detainer lawsuit against the tenant, but
it potentially further creates possible wrongful eviction claims for the tenant to later bring against the landlord.
This program will summarize both the existing and new eviction control laws emerging in California and explain the legal
requirements to properly initiate and litigate an unlawful detainer action. It will also discuss litigating wrongful eviction claims
that can arise from the landlord’s failure to comply with the requirements of these eviction control laws. Perspectives and
suggestions for best practices will be provided from both the landlord and tenant side.
Vascular disease, the leading cause of death in the U. S., kills more men and women than all cancers combined. In fact,
every 40 seconds a person dies from either a heart attack or stroke! The good news: vascular disease, as well as other
chronic diseases such as common cancers and diabetes can be prevented, arrested and in many cases reversed with
simple life style changes!
Speaker: Gary Laturno, Esq., Former FBI Fitness Advisor