Real Property Law
Cal. Real. Prop. Journal VOLUME 42, ISSUE 1, 2024
INSIDE THIS ISSUE
MESSAGE FROM THE EDITOR-IN-CHIEF
By Bryan Payne
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TOP TEN REAL PROPERTY CASES OF 2023
By Star Lightner
The impact of the COVID-19 pandemic on the courts appears to continue, with fewer real estate cases overall than in past years, and therefore fewer that might be deemed truly significant. The cases in 2023 represented a slightly narrower offering of real estate issues than in years past, with housing-both in the land use and CEQA contexts-figuring even more prominently. These cases involved compliance with the housing element, historic preservation, and general plan consistency. This article includes cases involving development impact fees and a city’s police power, exemptions from rent control for certificates of occupancy under the Costa-Hawkins Act, whether a letter of credit constitutes a tenant’s property in an attachment proceeding, and a lease provision that ignored the Rule Against Perpetuities. Several pandemic-era force majeure cases round out the state court offerings.
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THE LIMITS OF DESIGN IMMUNITY: LIABILITY OF PUBLIC ENTITIES FOR FAILURE TO WARN OF DANGEROUS CONDITIONS ON PUBLIC PROPERTY
By Xenia Tashlitski
The doctrine of design immunity shields public entities from liability for injuries resulting from dangerous conditions on public property. However, on April 27, 2023, in Tansavatdi v. City of Rancho Palos Verdes, the California Supreme Court confirmed the existence of an important caveat: even if a public entity is not liable for the dangerous condition due to design immunity, it can still be liable for failure to warn of the danger. Tansavatdi provides an avenue for plaintiffs who cannot overcome the doctrine of design immunity to nevertheless recover from public entities. Tansavatdi also highlights the importance of reasonable signage in minimizing liability for dangerous conditions on public property.
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