Location: Los Angeles County Bar Association, 1055 W 7th St #2700, Los Angeles, CA 90017
In person Program: Earn 3 hours MCLE credit.
Ver Ploeg & Lumpkin
Dispute Resolution Services
John D. Hanover
Alston & Bird, LLP
Hector H. Espinosa
K&L Gates LLP
SMTD Law LLP
Alex R. Baghdassarian
Peckar & Abramson P.C.
John P. Dacey
Bergman Dacey Goldsmith PLC
Click Here for More Details!
Location: Junipero Serra State Office Building, 320 W. 4th Street, Los Angeles, CA 90013
Time: 8:30 a.m. - 4 p.m.
MCLE: Earn 4.75 MCLE credit
Shawn K. Bankson
Kimball, Tirey & St. John LLP
Housing Rights Center
Brancart & Brancart
Pahl & McKay
California Department of Fair Employment and Housing
Location: Procopio, 525 B Street, Ste 2200, San Diego, CA 92101
MCLE: Earn 1 MCLE credit
This seminar will address common issues arising during all phases of a commercial lease, from negotiation to expiration. Offering both Landlord and Tenant perspectives, the panelists will provide real world examples of deal breakers, review specific lease clauses, and suggest drafting tips to modify commonly contested lease language.
David D. Jones
California Business Law Group PC
Broker with JLL
Location: Jonathan Club, 545 S Figueroa St, Los Angeles, CA 90071
Time: 2 p.m. - 5:30 p.m.
MCLE: Earn 3.25 MCLE credit
LinearCity Development, LLC
The Brooklyn Companies
The Borman Group, LLC
Cox Castle & Nicholson
J. David Hitchcock
George Smith Partners, Inc
Habibi Properties, LLC
Sheppard Mullin Richter & Hampton
By Dale Ordas
Ordas Dispute Resolution
The President Is Missing
By Bill Clinton and James Patterson
This page turner written by a former President and a best seller novelist deserves a place on your summer read short list. The plot encompasses a lot of stuff things that populates the headlines in today’s news. For example, prospective impeachment proceedings, threats against heads of state, a cyber terrorist plot, Russian meddling in the affairs of other nations, and a President who disregards his advisers. At the risk of giving too much away, there is also a mole in the Whitehouse inner circle.
Add to this already teaming caldron, there is an assassin named Bach apparently because of her preference for classical music that she listens to, while stalking her prey. She is definitely one of the more interesting characters in the novel as evidenced by the scene where she lands at the airport wearing shoes to make her 4 inches taller and to complete the disguise assumes a look happy demeanor, the ultimate emotion to not arouse suspicion, while displaying just enough cleavage, which she refers to as her girls. Who she has been engaged to eliminate, and who hired this single-minded purveyor of death is one of the many puzzles within this novel.
While it may strain credulity, when the President eludes the Secret Service to save the Country from annihilation, or manages to evade a carload of gun-toting attackers with his somewhat rusty driving skills, it is doubtful that most readers can resist the urge to maraud from page to page with fingers crossed for the President to prevail.
By Lois Kadosh, Broker
Throughout the country, real estate agents are celebrating the wonders of sending contracts and disclosures to their clients electronically. The paperless transaction has become an admirable and reachable goal with the unintended side effect of increasing risks. In real estate transactions. In my opinion, this is an area that is ripe for litigation. Let me explain ...
All manner of real estate contracts are now accessible online. By subscribing to such a service, licensees may easily fill out the forms electronically and then send these documents to their clients - buyers and/or sellers- to sign online. Some of these systems even have tutor programs to help agents in completing the forms.
During a deposition, plaintiff attorneys often ask licensees how much time was spent with their clients discussing the contracts at hand prior to the execution of the documents to determine the client's degree of comprehension before signing on the dotted line. I venture to say that it takes a minimum of one hour for a fast-talking agent to carefully review the contracts with the client prior to signing. On the other hand, when plaintiff/clients are asked the same question, many will say that no time was spent in discussion since they were instructed to sign and initial as indicated and return the fully executed contracts to the agent. It is all too common for a busy real estate agent to do business in this manner.
Typically, disclosures regarding a particular property are scanned by the listing agent and sent to the buyer's agent prior to or after an offer has been accepted by the seller - custom varies with respect to when these documents are sent to buyers. In tum, the buyer's agent forwards the disclosures to his or her clients.
In theory, this sounds wonderful since the disclosures are out there ready for review by client and agent. In reality, many agents do not carefully scrutinize these documents and discuss them with their clients.
Who has the time to read them? Pages upon pages -sometimes hundreds of pages, are sent to the agents for their perusal. Listing agents have done their job with respect to buyers who are not their clients once they have delivered mandatory disclosures as well as any additional disclosures that are deemed material to the transaction to the buyer's agent.
Now it is up to the buyer's agent or dual agent to advise his or her clients regarding the details and importance of these disclosures. It ls very tempting for agents to send contracts documents to their clients with the suggestion that the clients contact them if they have any concerns prior to signing and returning the documents electronically.
In fact, defense attorneys often argue that if the client does not understand the disclosures and/or documents the client has an obligation to contact his or her agent with any questions. In my opinion, this does not relieve the agent of his or her fiduciary duty to the client. It is not realistic to think that buyers and sellers know the pertinent questions to ask.
Real estate licensees get paid to help buyers and sellers sort out all the information that is delivered to them regarding the property.
This does not mean that licensees are expected to advise their clients outside of their expertise as real estate professionals. It does mean that they should point out any material facts and red flags within their expertise as licensees and advise clients accordingly.
As fiduciaries, real estate licensees have a duty to be looking out for the best interests of their clients. With respect to the terms and conditions within the contracts that their clients sign as well as the acceptance of disclosures, principals have a right to expect their agents to discuss and explain the details and possible ramifications of what they will be signing. The goal of the fiduciary is to help the client make informed decisions.
What should licensees do to manage their risks in the age of the paperless transaction? First and foremost, agents should maintain copies of all correspondence sent to clients, customers and third parties pertaining to the transaction. Here are some additional suggestions:
By Dales Ordas
Ordas Dispute Resolution
From time immemorial there has been much discourse about the gender differences, which on occasion have been portrayed as a “battle of the sexes.” How this has resulted in disparate treatment-based gender in both corporate and legal employment will be explored in this discourse.
Women tend to engage in “rapport” talk, while men tend to “report” speak. (You Just Don't Understand: Men and Women in Conversation, 1990, Deborah Tannen, PhD) “… According to Dr. Deborah Tannen, women tend to use conversation as a tool to build relationships, establish connections and to share experiences. This is referred to as “rapport talk.” The purpose is not to convey a particular message, but rather to develop and build a relationship. On the other hand, men tend to rely upon “report talk” the purpose of which is to share information.
The following example evidences the high risk of dissonance in communication between genders: A woman initiates a conversation intended to engender rapport. The man perceives this as a “report” and responds with a solution intended to fix what he thinks is wrong. She’s dismayed, because he’s telling her what to do, when what she wanted was empathy not advice.
While differences in speaking may be an element in the perplexing gender disparity in corporate and legal professions, as will be seen in the following discourse, it just isn’t that simple. These differences are culturally embedded. As one noted authority commented “… Culture is more often a source of conflict than synergy ...” (Culture's Consequences, 1983, Geert Hofstede.)
Added to the toxic cloud of gender bias are the latest “#Me Too” revelations. Such stories, often tawdry, tend to obscure the pervasive gender bias problem. While sexual harassment may arise in the same environments as gender bias, they are not the same.
Are they fellow travelers? By definition, this is not necessarily the case. Sexual harassment is defined as “…uninvited and unwelcome verbal or physical behavior of a sexual nature especially by a person in authority toward a subordinate such as an employee or student …” (Merriam-Webster Dictionary). In contrast gender bias is defined as “… an inclination of temperament or outlook; especially: a personal and sometimes unreasoned judgment: prejudice … (Merriam-Webster Dictionary).
The term of art referring to relatively unconscious and relatively automatic features of prejudiced judgment and social behavior is “Implicit bias.” (Stanford Encyclopedia of Philosophy https://plato.stanford.edu/entries/implicit-bias/ )
Gender based inequality in employment is prevalent, despite the efforts over the last century of activists including Elizabeth Cady Stanton, Susan B. Anthony (Nineteenth Amendment to the U.S. Constitution in 1920.), Betty Friedan (In 1963, Betty Friedan published a book called The Feminine Mystique), Gloria Steinem (co-founded the feminist-themed magazine Ms. with Dorothy Pitman Hughes) , and Sheryl Sandberg (Lean In: Women, Work, and the Will to Lead (2013). The Honorable, Ruth Bader Ginsberg, whose body of legal work both as an advocate and Supreme Court Justice has discouraged legislatures from treating women and men differently under the law. Her dissent in Ledbetter v. Goodyear (550 U.S. 618 (2007) ultimately lead to the passing of Lilly Ledbetter Fair Pay Act 2008.
In the legal profession gender bias has been the subject of inquiry and scrutiny. In early 2016, the American Bar Association (ABA) Journal reported that forty three percent of young female Florida lawyers experienced gender bias. The 464 women who completed the survey provided the bar with 90 pages of anecdotes about bias and poor treatment (Florida Bar News, March 1, 2016). The bar sent the survey to female members of its Young Lawyers Division. Women reported being mistaken for court reporters, being “drunk dialed” by senior partners, being referred to as “blondie” and “little lady,” being punished for assertiveness, and being given fewer opportunities and less pay than males with similar experience. (ABA Journal Posted Mar 03, 2016 By Debra Cassens Weiss http://www.abajournal.com/news/article/ Reported that 43 percent of young female Florida lawyers have experienced gender bias)
Recently, it was reported that, while statistically the law schools seem to graduate equal numbers of men and women, only thirty six percent of practicing attorneys are women according to the ABA. The “… attorneys who have been studying the issue predict they know many of the reasons why women leave — discrimination, lack of work-life balance, childcare, success fatigue, sexual harassment. And while these are issues that have challenged professional women for decades, experts are asking whether there is something unique to the law firm culture that makes it particularly unfriendly to female advancement.
Anecdotally they hear “… Women in their 50s who are at what should be the peak of their careers saying they feel invisible … Younger associates … complain they are given less interesting, more simplistic work than men ... feel they have to work harder to gain the same success as men and have reached burnout …” The attrition results in a gender gap, which according to experts is likely due to implicit bias, that is more challenging to drum out. (Why are women leaving the law profession? by Kristina Davis, San Diego Union Tribune February 5, 2018)
Gender bias in the legal profession has its roots in law school admissions policy. According to a recent study “… Female law students outnumber men at schools with weak reputations while men dominate class rosters at the most prestigious schools …” The study reports that “… The legal profession has tilted floors as well as glass ceilings. For women to shatter the ceilings, they need to start on the same footing as men. That begins with law school admissions. Law schools may not yet have recognized the gender tilt in their admission and scholarship policies, but our research makes that bias clear …” (The Gender Bias in Law School Admissions, November 30, 2016, By Deborah Jones Merritt, John Deaver Drinko/Baker & Hostetler Chair in Law, Ohio State Moritz College of Law, and Kyle McEntee, Executive Director, Law School Transparency)
Sexual harassment’s role in the morass that causes the exodus of women from the legal profession must not be ignored. Since the “… #Me Too Survivors March against sexual abuse … Expect a tidal wave of sex harassment cases to be filed this year … Employment Practice Liability Insurance (EPLI), which covers sexual harassment and racial discrimination (along with wrongful termination and retaliation) has soared in popularity in the wake of the news stories … which covers sexual harassment … has soared in popularity in the wake of the news stories (Sex harassment cases against employers expected to surge by Sam Wood email@example.com Updated: April 4, 2018)
There is no paucity of law on the books dealing with the both gender bias and sexual harassment. In California employers are required to take reasonable steps to prevent harassment and discrimination (California Fair Employment and Housing Act (FEHA) – Government Code Sections 12900-12951 & 12927-12928 & 12955 - 12956.1 & 12960-12976). Employers with fifty or more workers must provide sexual harassment and discrimination training for managers and supervisors.
Complaints of harassment must be investigated to the “adequate” standard. Employer must adopt a written anti-harassment, discrimination and retaliation policy; Employers are required to distribute an information sheet published by CA Fair Employment Department (FEHD) to employees; Employers are strictly liable for harassment by managers/supervisors and failure to prevent or stop harassment may result in liability. The Federal equivalent of the FEHD is the US. Equal Employment Opportunity Commission (EEOC), which hears matters involving complaints under Title VII, inter, alia. Further, the California Rule of Professional Conduct 2-400 proscribes gender-based discrimination.
If as, it appears, there is sufficient law on the books, what is the answer to stem the tide? What is needed to retire gender bias and #MeToo malbehavior to a dark period in history the books. Perhaps, “… The movement you need is on your shoulder …” (The Beatles – Hey Jude).
Effective the first of this year, the RPLS Executive Committee replaced the Practice Area MCLE committees with a Geographic Area based MCLE/ Networking program. Our objective: to provide MCLE and networking events in five major urban areas in CA. RPLS Ex Com advisors Jeff Conner and Robert McCormick are working to provide RPLS programs for our members in Sacramento. We now regularly present live MCLE programs in four major geographic areas, San Diego, Orange County, Los Angles and the Bay Area.
If you are in the Sacramento area and would like work with Jeff or Robert, organize programs or teach live MCLE programs or webinars in your area, please let me know. We encourage you to participate!
Thanks for helping to make RPLS MCLE and networking programs a reality in Sacramento.
Gary M. Laturno, Esq.
Co-Chair, Real Property Law Section
2018 Solo Small Firm Attorney of the Year:
Volunteer Opening: The California Real Property Journal’s Editorial Board is seeking candidates for the position of Editor-in-Chief for one year 2018-2019 beginning September 2018. Candidates should have experience in editing legal articles, academic journals, and/or newsletters. The Editor-in-Chief has the final responsibility for the Journal’s operations and policies under the direction of the Real Property Section’s Executive Committee. The primary duties of the Editor-in-Chief are:
Contact: Christina R. Sansone, Interim Editor-in-Chief and Managing Editor of the California Real Property Journal, (818) 216-6664, CSansone@SansoneLawFirm.com.
John (J.R.) Richards
Would you like to be interviewed for our next E-bulletin and have attended an RPLS Event? Shoot me an e-mail. Let’s document your experience!
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