Real Property Law

Cal. Real. Prop. Journal 2014, Vol. 32, No. 3

Table of Contents

MCLE Self-Study Article: Bankruptcy Hijackings: Improper Use of the Automatic Stay in Consumer Bankruptcy Proceedings………………..3
By Joshua Scheer and Spencer Scheer
The automatic stay in bankruptcy can be a powerful tool. However, there is a growing tension between legitimate use of the bankruptcy process and fraudulent use by debtors or third parties seeking to obtain serial automatic stays in order to delay a foreclosure. This article explores (i) the limitations on the automatic stay that have been imposed by legislatures to curtail abuse by debtors and third parties, (ii) strategies employed by debtors to thwart such limitations, (iii) creditor responses to such strategies, and (iv) the current state of the law.

Assistive Animals in Housing Accommodations……………………11
By Phyllis W. Cheng and Mallory Sepler-King
The article provides an overview of fair housing laws as they apply to assistive animals and accommodations, and guidance on how to apply these laws most effectively in cases regarding requests for accommodation of a support animal.

Trial by Jury in Real Property Cases…………………………..15
By Randall Block and Victoria Paal
Litigators may be surprised to learn which real estate actions implicate the right to trial by jury, and which are triable to judicial determination. This article discusses the right to a jury trial, examines what is legal and what is equitable in the real property context, and offers some (surprising) examples.

Exclusive Use Provisions…………………………………..19
By Karla Kraft, David Keithly, and Kenneth Hsu
Exclusive use provisions can protect a commercial tenant by restricting the landlord’s ability to rent to competitors, but they can also cause disputes and uncertainty between landlords and tenants if they are not drafted carefully. As exclusive use provisions become more actively negotiated and hotly contested, both landlords and tenants need to understand the potential issues with these provisions in order to draft them effectively. This piece provides an overview of recent California case law related to exclusive use provisions and provides drafting recommendations to help avoid uncertainty.

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