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Real Property Law

38th Annual Spring Conference

Online registration is now closed. Onsite registration will be available.

May 2-5, 2019 | Hyatt Regency Newport Beach | Newport Beach

Earn up to 18.5 Hours of MCLE credit, including 4 Hours of Legal Ethics, 1 Hour Elimination of Bias, and 1 Hour Competency Credit

A leading educational conference for California real estate practitioners featuring continuing legal education seminars, networking receptions and entertainment activities.

Brochure | Reg Form

April 15, 2019 – Hotel Reservation Deadline
April 15, 2019 – Early Bird Registration Deadline

Update: Early Bird Registration prices are still effective!

Registration price includes education seminars and materials, Thursday and Friday Cocktail Receptions, continental breakfast, and Friday and Saturday luncheons.

Thank You to Our Sponsors!

Platinum

  • San Diego Evictions

Gold

  • CEB
  • Chase
  • Juris Co.
  • Oro Capital Advisors

Silver

  • Miller Starr Regalia
  • Seifert Law Firm
  • Stonecrest
  • The Shinbrot Firm

Bronze

  • Perry Johnson Anderson Miller & Moskowitz LLP

Additional Sponsors

  • CYLA

Schedule

Thursday, May 2, 2019

3:00 p.m. – 5:30 p.m. | Registration – Plaza foyer
5:00 p.m. – 5:30 p.m. | First-Time Attendee Orientation
5:30 p.m. – 7:30 p.m. | Welcome Reception

Welcome to the 38th Annual Real Property Spring Conference reception. Complimentary (hosted food and drinks)

Friday, May 3, 2019

7:00 a.m. – 5:00 p.m. | Registration/Exhibits
7:00 a.m. – 8:00 a.m. | Welcome Breakfast – Plaza Arbot

Complimentary. RSVP required on registration form.

8:00 a.m. – 9:00 a.m. | Plenary – Unintended Consequences of Scorched Earth, Attack Dog Tactics (1 Hour Legal Ethics MCLE) – Plaza Ballroom 1

In this session, Justice Eileen C. Moore and Judge Kimberly A. Knill will review cases and decisions addressing attorney misconduct and resulting consequences, while providing an overview of guidelines of civility and professionalism expected of attorneys practicing law in California. One hour ethics credit.

Speakers:

  • Hon. Kimberly Krill, Superior Court of CA, County of Orange
  • Justice Eileen Moore, Fourth District Court of Appeal, Division Three
9:00 a.m. – 9:15 a.m. | Break
9:15 a.m. – 10:30 a.m. | Concurrent Session (1.25 Hours MCLE)

Advanced Planning Opportunities with 1031 Exchanges – Plaza Ballroom 3

This panel will explore advanced planning opportunities with 1031 tax deferred exchanges including combined reverse improvement and forward exchanges, combined forward reverse exchanges, zero equity exchanges, acquiring promissory notes in a 1031 exchange, 1031 exchanges into improvements made on a property owned by a taxpayer, and non-safe harbor reverse 1031 exchanges with discussion on the Bartel v. Commissioner case.

Speakers:

  • William Exeter, President and Chief Executive Officer, Exeter 1031 Exchange Services, LLC
  • Phillip Jelsma, Esq., Partner Crosbie, Gliner Schiffman, Southard & Swanson LLP

Is Artificial Intelligence Taking Over the Practice of Real Estate? – Plaza Ballroom 2

This lecture will capture the way artificial intelligence is changing real estate practice from time saving innovations, marketing infiltration, security vulnerabilities and eliminating the real estate professional.

Speakers:

  • Todd Sexton, MBA, President and CEO, Identillect
  • Holly M. Barberi, General Manager and In House Counsel, Vista Sotheby’s International Realty

Marriage Counseling: Sharing Income, Cohabitating, and Monogamy in the Retail Space – Patio Room

This session will explore some of the livelier topics that arise during the negotiation of a retail lease from both a landlord and a tenant perspective. The panel will discuss how Percentage Rent, Cotenancies and Exclusives are changing in today’s leasing environment.

Speakers:

  • Jennifer Schulz, Esq., Ravid Law Group
  • Krista Granger, Esq., Associate General Counsel, CenterCAl Properties, LLC

The Places that Scare You: Mechanics Liens, Stop Notices and Litigation – Pacific Room

A project fully shut down or delayed because of payment disputes. Unfortunately, many payment disputes simply arise from a misunderstanding of the contract documents. And whether valid or not, a Mechanics Lien or Stop Payment Notice is a very powerful tool that can cause a lot of problems with the project. This course will review some of the common misunderstandings that arise concerning contract documents, how these can trigger Mechanics Liens and Stop Payment Notices, and best practices for resolving these problems even before they start. The course will also cover the nuts and bolts of Mechanics Liens and Stop Payment Notices, and what to expect in the litigation process.

Speakers:

  • Steven Cvitanovic, Esq., Parner, Haight Brown & Bonesteel, LLP
  • Patrick Kirby, Esq., Vice President and Deputy General Counsel, WEBCOR
10:30 a.m. – 10:45 a.m. | Break
10:45 a.m. – 12:00 p.m. | Concurrent Sessions (1.25 Hours MCLE)

When Adversaries are Friends (1.25 Hours Legal Ethics Credit) – Plaza Ballroom 3

The world grows increasingly adversarial, but what happens in real estate litigation when adversaries are friends? Attorneys David Fu, Rinat Erlich, and Jose Mendoza frequently oppose each other in the real estate broker litigation space, and will address the benefits and challenges when frequently in opposition, with the underlying conclusion that cases settle faster and with less expense when opponents cooperate.

Speakers:

  • David Fu, Esq., David Fu and Associates
  • Rinat Erlich, Esq., Manning & Kass, Ellrod, Ramirez, Trester LLP
  • Jose Mendoza, Esq., Carlson Law Group

Roads, Streets and Highways as Boundary: Fee or Easement, Reversionary Rights and Allocation of Vacated Public Street Rights of Way – Plaza Ballroom 2

Review of statutory and case law rules of reversionary rights and allocation of portions of vacated public street Rights of Way to abutting properties on the basis of interpretation of descriptions and plat maps used for real property conveyance

Speaker:

  • Vit Liskutin, Esq., PLS, Luskutin
  • John Perez, President, Inland Empire Division, USA National Title Company

Barriers to Housing Production: Real and Perceived – Patio Room

Disagreement remains over the causes of California’s housing shortage, though recent legislation, such as SB 35, the housing accountability act and other streamlining legislation attempts represent efforts to address the problem. CEQA and the CEQA Guidelines (including the new Guidelines) also provide tools for regulatory streamlining. However, cities continue to struggle to approve new housing developments and developers blame CEQA and regulatory delays for the limited housing production. This panel will explore the on-going challenges to the construction of new housing and whether those challenges are real or perceived, including reviewing data on processing times and regulatory hurdles to approving new development. Panelist will discuss options for addressing the challenges in order to speed the process for approvals of new housing.

Moderator: Karen Tiedemann, Esq., Goldfard & Lipman

Speakers:

  • Eric Biber, Esq., U. C. Berkeley School of Law
  • Terry Watt, Infill Builders
  • Christopher Calfee, California Natural Resources Agency

Short Term Rentals: Surveying the Legal Landscape of AirBNB, VRBO, and other online Rental Housing Platforms – Pacific Room

Given the ever-growing affordable housing crisis, many homeowners and tenants are now turning to short-term rental platforms to supplement their incomes and to help offset housing costs. As a result, numerous cities have enacted laws to regulate short-term rentals. This course will provide examples of different municipal regulations regarding short-term rentals; discuss potential penalties and damages for non-complying hosts; explain the appropriate remedies available to hosts in the event the short-term guest gains tenancy rights; and offer practical guidance regarding home-share compliance and stopping tenant home-sharing activities.

Speakers:

  • Anna Liu, Esq., Partner, Steven Adair MacDonald & Partners, P. C.
  • Lan Fullerton, Esq, Associate, Steven Adair, MacDonald & Partners, P. C.
  • Ashley M. Peterson, Esq., Principal, Law Office of Ashley M. Peterson
12:00 p.m. – 1:45 p.m. | Plenary with Plated Lunch – Women in the Profession (1.25 Hours MCLE) – Plaza arbor

A discussion regarding women, our advancement and obstacles we face in the legal profession.

Complimentary. RSVP required on registration form.

Speakers:

  • Heather Rosing, Esq., Shareholder and CFO, Klinedinst
  • Timi Hallem, Esq., Partner, Manatt, Phelps & Phillips, LLP
  • Krista Kim, Esq., Valence Law Group
1:45 p.m. – 2:00 p.m. | Break
2:00 p.m. – 3:15 p.m. | Concurrent Sessions (1.25 Hours MCLE)

But I Only Had Two Beers! How Alcohol and Drugs affect our Body (1.25 Hours of Competency Issues) – Plaza Ballroom 3

This session will discuss various types and percentages of alcohol and how absorption can vary. We’ll also discuss new DUI laws as they relate to drug impairment, both for legal and prescription drugs.

Speaker:

  • Eric Ganci, Esq., DUI Trial Lawyer, Ganci, Esq., APC

Keys to a Successful Real Estate Purchase Transaction in Mexico – Plaza Ballroom 2

This panel will discuss the process for handling cross-border real property transactions in Mexico, and how persons in the U.S. can purchase an ownership interest in real property in Mexico. Given Mexico’s restrictions on purchasing properties along the coast line and border, this panel will also discuss the technical process of establishing a real estate trust pursuant to Mexico’s guidelines, as well as other legal issues in cross-border transactions.

Speakers:

  • David Felipe Vallarino, Correduria Nueve
  • Juan Felipe Sanchez, Partner RRQB

Workspace for Hire: Office Co-Working and Workspace as Service Leasing Issues – Patio Room

The demand for co-working and flexible office space has increased dramatically and is expected to continue to grow. As a result, the volume of co-working and flexible office space lease transactions has increased exponentially. We will explore commercial leasing issues specific to negotiating these types of leases. While co-working and flexible office lease transactions have a lot in common with standard office leasing transactions, there are several specialized issues to address when negotiating these types of leases, including permitted use, licensing rights, tenant/guarantor structuring, maintenance and repairs, insurance, rights of first refusals, exclusivity rights, and more. We will explore these topics from the landlord and tenant perspective, as well as issues for a company may want to consider when entering into a co-working or other flexible office arrangement.

Speakers:

  • Krista Kim, Esq., Principal and Managing Attorney, Valence Law Group
  • Laura Drossman, Esq., Drossman Law

Measure of Damages Against Real Estate Agents and Are They True Independent Contractors? – Pacific Room

This program will cover the available damages in claims against sellers, buyers, real estate brokers and agents, and discuss pertinent case law impacting said damages. It will also cover the independent contractor status of real estate salespersons and whether recent case law has changed that status.

Speakers:

  • Alan D. Wallace, Esq., Principal, Law Office of Alan D. Wallace
  • Fredriv Trester, Esq., Manning & Kass Ellrod Ramirez & Trester
3:15 p.m. – 3:30 p.m. | Break
3:30 p.m. – 4:45 p.m. | Concurrent Sessions (1.25 MCLE credit)

New Ethics Rules (1.25 Hours Legal Ethics Credit) – Plaza Ballroom 3

This panel will review the updates on new ethics rules.

Speakers:

  • Jean Cha, Manning & Kass, Ellrod, Ramierz, Trester LLP
  • Zachary Wechsler, Esq., Law Office of Zachary D. Wchsler APC
  • Anthony Radogna, Esq., Law Offices of Anthony Radogna

Who Really Signed the Document? Liability Arising from Common E-Signature Practices – Plaza Ballroom 2

This panel will discuss tbe Uniform Electronic Transactions Act, impersonation and forgery, wire fraud and wire instructions and best practices to ensure that the person claiming to sign a document was actually the one who signed it.

Speakers:

  • Elizabeth A. Blair, Esq., Principal, Blair Law
  • Kyle Yaege, Esq., Hickman and Robinson, LLP

Reducing Land Use Conflicts Through Collaborative Easements – Patio Room

As land for new housing becomes scarce in many communities, developers push nearer to existing industrial, mining, rail and other non-residential uses, resulting in major battles over the development approvals. The collaborative use of simple easements can allow existing uses to be protected, new housing development to be approved, full disclosures to be made to buyers, and written rules of future engagement to be established.

Speakers:

  • Geoffrey Etnire, Esq., Venable LLP
  • Douglas White, Esq., Managing Partner, Churchwell White LLP

The Wages of Subsidy: When Are Prevailing Wages Required in Publicly Assisted Development Projects? – Pacific Room

Before accepting help from a public agency for a development project, developers need to know if a prevailing wage requirement is the price to be paid for that assistance. This panel will discuss how prevailing wage requirements pertain to government land sales and leases, Mello-Roos and other financing districts, projects in charter cities, affordable housing projects, and other common forms of public assistance. We will examine commonly used exemptions from the prevailing wage requirements, and the ways that government assistance is structured to eliminate or lessen those obligations.”

Speakers:

  • Gillian van Muyden, Chief Assistant City Attorney, City of Glendale
  • Jon Goetz, Esq., Principal, Meyers Nave
  • Jon Welner, Esq., Member Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
5:00 p.m. – 7:00 p.m. | Diversity Reception – Plaza Ballroom 1

Complimentary. Hosted food and drinks.

Saturday, May 4, 2019

7:00 a.m. – 4:45 p.m. | Registration/Exhibits – Plaza Foyer
7:00 a.m. – 8:00 a.m. | Welcome Breakfast – Plaza Arbor

Complimentary. RSVP required on registration form.

8:00 a.m. – 9:00 a.m. | Plenary: PG&E Chapter 11 – Burning Topics for Real Estate Lawyers (1 Hour MCLE) – Plaza Arbor

Join us for an overview and update of the PG&E Chapter 11 case, currently the largest bankruptcy case in the country and destined to be one of the largest in history. We will discuss the catastrophic wildfires that led to the bankruptcy filing, and what the Chapter 11 is likely to mean for the people who lost their homes and businesses, the communities that were destroyed, the ratepayers who pay the bills, and the real estate issues that will play out in the case.

Speakers:

  • Christopher V. Hawkins, Esq., Shareholder, Sullivan Hill Rez & Engel, P.C.
  • Gerald Singleton, Esq., Singleton Law Firm
  • Robert Harris, Esq.
  • Adam Lewis, Esq.
9:00 a.m. – 9:15 a.m. | Break
9:15 a.m. – 10:30 a.m. | Concurrent Sessions (1.25 Hours MCLE)

Ethics Rules: What Every Real Property Attorney Should Know
(1.25 Hours Legal Ethics Credit) – Plaza Ballroom 3

This panel will discuss and evaluate the ethical rules that real property attorneys should consider in real estate transactions involving multiple parties and which 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 from representations.

Speakers:

  • Dianne Jackson McLean, Esq., Partner, Goldfarb & Lipman LLP
  • Celia Lee, Esq., Partner, Goldfard & Lipman LLP
  • Robert C. Mills, Esq., Partner, Goldfard & Lipman LLP

An In Depth Analysis of Section 1031 and Its Many Myths – Plaza Ballroom 2

A comprehensive overview of the benefits of utilizing Section 1031 of the Internal Revenue Code as a means to build and preserve wealth through real estate investments. Course to include a review of the time deadlines, ID Rules, like-kind requirements, vesting issues, debt replacement, tax rates and non-tax benefits (estate planning, diversification, consolidation, increased cash flow, etc). Additionally, we will cover the main issues that we see arising from the perspective of an attorney in regard to 1031 exchanges.

Speakers:

  • James Callejas, Vice President-Major Accounts, Certified Exchange Specialist, Investment Property Exchange Services Inc.
  • Stephen D. Decker, Vice President- National Accounts, Investment Property Exchange Services, Inc.

How to Keep your Ground Leases Well Grounded – Patio Room

A discussion of critical issues in structuring both development and retail ground leases on private and public lands, including rental structures, construction issues, special default issues, taxation and condemnation. The discussion will include the nuances of financing a ground lease, and issues concerning the property subject to a ground lease as well as transfer and assignment concerns. The program should appeal to anyone who represents either a property owner considering a ground lease, or a tenant or subtenant on a ground lease.

Speakers:

  • Michael Klein, Esq, Klein & Weisz
  • Adriana Vesci, Esq., Cox, Castle & Nicholson, LLP
  • Ira J. Waldman, Esq., Cox, Castle & Nicholson LLP

Coastal Development Update – Pacific Room

Development in the Coastal Zone is becoming more prohibitive. Access rights are being called into question as government agencies get public funds to buy more land in the Zone. Private access is being challenged – both by the Coastal Commission and under Local Coastal Plans. Gated communities on the coastline may be a thing of the past! Discussion will include the Martins Beach cases, Hollister Ranch and the recent decision on short term rentals.

Speakers:

  • Nancy Goldstein, Esq.
  • Stanley W. Lamport, Esq., Cox, Castle & Nicholson, LLP
10:30 a.m. – 10:45 a.m. | Break
10:45 a.m. – 12:15 p.m. | Concurrent Sessions (1.25 Hours MCLE Credit)

The Business of Law Workshop for Solo and Small Firms – Plaza Ballroom 3

Solo or small firm managing attorneys need to understand more than the practice of law, they need to understand the business of law. Whether you are looking for new ways to streamline your existing practice, or are interested in switching to a solo or small firm, this interactive workshop will guide you in the right direction. Discussions will include best value products and systems to manage billing, practice management, client management, accounting, client intake, and marketing.

Speakers:

  • Tara R. Burd, Esq., T. Burd Law Group, APC
  • Ashley Peterson, Esq., Law Office of Ashley M. Peterson
  • Elizabeth A. Blair, Esq., Blair Law

9th Annual Executives Roundtable – Plaza Ballroom 2

Real estate executives from different sectors will discuss their perspective of what’s happening in the market: geographic
demographics and food groups – what’s hot and what’s not; qualified opportunity zones –what’s the verdict so far?; where are interest rates going?; is construction financing still plentiful? what is the impact of dispositions by foreign owners? is the market slowing and will there be a recession in 2020?

Moderator: William Bernfeld, Partner Akerman LLP

Speakers:

  • Lewis G. Feldman, CEO, Heritage Capital Ventures LLC, chairman Emeritus, Goodwin Procter LLP; Chairman of The Board, UCLA Ziman Center of Real Estate.
  • Jay Lybik, Vice President, Research Services, Marcus & Millichap
  • Bradley H Mindlin, Founder & Co-Managing Partner, Oro Capital Advisors, LLC

Attorneys’ Fees in Bankruptcy Cases Post-Penrod: Except the Unexpected – Patio Room

In light of In re Penrod, 802 F.3d 1084, 1087 (9th Cir. 2015). Creditors (real estate buyers/sellers, landlords, tenants, parties to contracts) litigating with a debtor in a bankruptcy case be may be subject to attorney’s fees awards by the Bankruptcy Court if the matter is “action on the contract.” We will explore attorney fee award exposure in situations one might not expect: lease assumption/rejection motions, preference actions, relief from stay matters.

Speakers:

  • Jeff S. Shinbrot, Esq., The Shinbrot Firm
  • Honorable Theodor C. Albert, United States Bankruptcy Judge, Central District of California
  • Thomas H. Casey, Esq., The Law Offices of Thomas H. Casey, Inc.

Common Interest Developments and Community Association 2019 Legislative and Case Law Update – Pacific Room

The panel will discuss new state legislation and recent case law that impacts Common Interest Developments and Community Associations. Expect a lively discussion on, amongst other recent changes, SB 1173, AB 2912, SB 261 and the decisions in Greenfield v Mandalay Shores (short term rentals) and Dynamic Operations West v S. Ct. (independent contractors).

Moderator: Marion A. Aaron, Esq., Associate Senior Underwriting Counsel, Stewart Title Guaranty Company

Speakers:

  • Andrea L. O’Toole, Esq., Principal, Berding Weil LLP
  • Katrina Solomatina, Esq., Associate, Berding Weil LLP
12:00 p.m. – 1:45 p.m. | Plenary With Plated Lunch: “You Are More Than a Lawyer” (1.25 Hours MCLE) – Plaza Arbor

In this presentation, Ms. Brown provides a more holistic approach to the legal profession, including: How to think of your practice as a business; Why emotional intelligence is an important key to success; Why introspection is an essential element of true confidence; and the difference between being a leader as opposed to a boss.

Speaker:

  • Janice Brown, Esq., Founding Partner, Brown Law Group
1:45 p.m. – 2:00 p.m. | Break

2:00 p.m. – 3:15 p.m. | Concurrent Sessions (1.25 Hours of MCLE)

Professors’ Roundtable – Plaza Ballroom 3

Professors discuss the most important decisions of the past year affecting the real property community.

Speakers:

  • Professor Roger Bernhardt, Golden Gate University School of Law
  • Daniel Bogart, Professor, Chapman University, Dale E. Fowler School of Law
  • Christine Tour-Sarkissian, Adjunct Professor, Golden Gate University School of Law

Negotiating Title Insurance Coverage in the Context of Real Life Transactions – Plaza Ballroom 2

This session will take you through two complex real property transactions while discussing appropriate title insurance policies, how to negotiate Schedule B exceptions, and obtaining the right endorsements in the context of the deal. In addition, the panel will discuss post-closing activities that may jeopardize coverage or require additional title insurance.

Speakers:

  • Dena M. Cruz, Esq., Partner, Berding Weil LLP
  • Marion A. Aaron, Esq., Associate Senior Underwriting Counsel, Stewart Title Guaranty Company

Commercial Landlord Tenant Disputes: Avoiding Traps for the Unwary – Patio Room

The presentation will address potential pitfalls that arise in a variety of circumstances in commercial landlord-tenant disputes, including with letters of intent, tenant defaults, and evictions. The panelists will discuss practical and legal strategies and tactics to reduce risk by avoiding such pitfalls.

Speakers:

  • Mark Seifert, Esq., Seifert Law Firm
  • Specner McCann, Geenstone Realty Advisors, LLC

The Rise of Autonomous Vehicles and Implications for Land Planning and Development – Pacific Room

Artificial Intelligence is impacting our lives, both professionally and personally, greater than ever before, including how we commute to and from work. Learn from a leading authority in autonomous vehicles and a Planning Director of a major Southern California county about the state of the art of autonomous vehicles and how the increasing use of this technology is impacting long-range land planning and development of residential and commercial properties. This cutting edge panel will also analyze trends in how A. I. is likely to influence where development will occur and the nature of that development.

Moderator: Steven DeLateur, Esq., Steven W. DeLateur PLC

Speakers:

  • Sarah Catz, Esq.
  • Ray Traynor, Director of Operations, San Diego Association of Governments
3:15 p.m. – 3:30 p.m. | Break
3:30 p.m. – 4:45 p.m. | Concurrent Sessions (1.25 MCLE credit)

Green Leases: Regulatory and Contract Considerations for Commercial Cannabis Leases – Plaza Ballroom 3

Speakers will give a brief overview of the 2019 Cannabis climate, identify specific CA Cannabis regulations affecting commercial leases, and practical advice for drafting Cannabis commercial leases from both Landlord and Tenant perspectives.

Speakers:

  • Neda Shapourian, Esq., Partner, Smith Shapourian Mignano, PC
  • Kimberly Simms, Esq., Principal, Law Office of Kimberly R. Simms

Litigation Under the Housing Accountability Act: Zen and the Art of Objective Standards – Plaza Ballroom 2

In 2017 and 2018, the Legislature added teeth to the Housing Accountability Act (HAA), a previously little-known statute that, thanks to recent amendments, has now roared into life. In strengthening the HAA, the Legislature’s stated intent is to curb the ability of local governments to deny housing, whether affordable or market rate. The HAA has become a litigation favorite of developers and “Yes in My Backyard” (YIMBY) groups seeking to challenge cites’ and counties’ denial of or reduction in density of housing development projects throughout the state. In a nutshell, the HAA makes it difficult for cities and counties to deny or reduce the density of projects that comply with “objective” local standards. This panel will provide an overview of the HAA, and discuss the challenges and strategies involved in litigating under the Act. The panel will focus on the many open questions under the HAA, including the relationship between the HAA and CEQA, and the fundamental question of what constitutes an “objective” local standard.

Speakers:

  • Dolores Dalton, Esq., Senior Counsel, Goldfarb & Lipman, LLP
  • Celia Lee, Esq., Partner, Goldfard & Lipman LLP
  • Barbara Kautz, Esq., Partner, Goldfard & Lipman LLP

New Mandatory Disclosures Before Mediation and All the Key Confidentiality Issues (1.25 Legal Ethics Credit) – Patio Room

Effective January 1, 2019, a new California law will require practitioners to ensure that their client, before agreeing to mediation, understand the implications of California’s legal protections for mediation communications. Join us for this program and learn the key concepts of mediation confidentiality, what type of information is protected under the confidentiality rules, the impact of confidentiality on discoverability and admissibility, exceptions to mediation confidentiality, and what practitioners must do to satisfy the new disclosure requirements.

Speakers:

  • Ana Sambold, Esq., Mediator and Arbitrator, Sambold Law and ADR Services
  • Marc D. Alexander, Esq., Of Counsel, Alvarado Smith
5:30 p.m. – 6:45 p.m. | Bourbon Tasting – Plaza Ballroom 1

Networking Reception – RSVP required
*not included in conference rate

7:00 p.m. – 8:00 p.m. | Comedian Josh Sneed – Plaza Ballroom 1

RSVP required.
*not included in conference rate

Josh Sneed is a headliner in standup comedy clubs around the country and has performed at numerous private and corporate events. With his witty dry comedy, he will be sure to have you laughing off your seat.

For more information on Josh Sneed, visit his page here.

Sunday, May 5, 2019

7:00 a.m. – 12:15 p.m. | Registration/Exhibits – Plaza Foyer

7:00 a.m. – 8:00 a.m. | Breakfast – Plaza Arbor

Complimentary. RSVP required on registration form.

8:00 a.m. – 9:15 a.m. | Concurrent Sessions (1.25 Hours MCLE)

ADA Compliance in Existing Buildings – Plaza Ballroom 3 – Plaza Ballroom 2

Panelists will discuss common and emerging causes of action and defenses in wrongful eviction disputes. Panelists will also outline effective litigation and settlement tactics in such cases, and address relevant insurance issues.

Speakers:

  • Peter F. Millar, P.E., J.D., Executive Vice President, AEI Consultants
  • Glenn Dea, AIA, ADAC, CASp, Vice President, Creative Design Associates

Effectively Litigating and Settling Wrongful Eviction Cases – Plaza Ballroom 2

Panelists shall discuss common and emerging causes of action and defenses in wrongful eviction disputes. Panelists shall also outline effective litigation and settlement tactics in such cases, and address relevant insurance issues.

Speakers:

  • Jethro Busch, Esq., Partner, Steven Adair MacDonald & Partners, P.C.
  • Stephanie Foster, Esq., Associate, Steven Adair MacDonald & Partners, P.C.
  • Kere Tickner, Esq., Tickner McCliman P.C.

Into the Land of Oz; Exploring Opportunity Zone Funding and Real Estate Investments in Low Income Communities – Patio Room

This panel will provide a summary of the Opportunity Zone tax incentive, summarize the applicable requirements and regulations, and explore how the funding can be used to make real estate investments in support of Low Income communities.

Speakers:

  • Rafael Yaquian, Esq., Partner, Goldfard & Lipman, LLP
  • Nicole Pinoli, CPA, Partner, Novogradac & Company LLP

#MeToo: Where Are We Now? (1.25 Hours Elimination of Bias Credit) – Pacific Room

In response to the #MeToo movement, laws went into effect this year impacting employment contracts, severance packages, and settlement agreements. Join the conversation with Seyfarth Shaw LLP employment attorneys to discuss how these new laws impact your business and how you can make practical changes to not only be in compliance but to foster an inclusive and safe working environment.

Speakers:

  • Chantelle Egan, Esq., Partner, Seyfarth Shaw LLP
  • Kristen Peters, Esq., Associate, Seyfarth Shaw LLP
9:15 a.m. – 9:30 a.m. | Break
9:30 a.m. – 10:45 a.m. | Concurrent Sessions (1.5 Hours MCLE credit)

Let’s Talk about Diversity: What Does It Mean Anyway? (1.25 Hours Elimination of Bias Credit) – Plaza Ballroom 3

This panel will discuss the importance of diversity in the real property field and the ways for attorneys and others in the real property field to recognize and fight against their own internalized biases that may contribute towards systemic discrimination in the industry. The panel will discuss the importance of this issue, and provide concrete ways to make a difference and become both more diverse and inclusive in the real property field.

Speakers:

  • Dianne Jackson McLean, Esq., Partner, Goldfarb & Lipman LLP,
  • Cosmos Eubany, Esq., Senior Legal Counsel, Realty Income Corporation
  • Bijal M. Patel, Special Counsel, Oakland City Attorney

New Legislation Highlights for the Real Property Practitioner – Plaza Ballroom 2

The panelists will review significant new laws enacted by the California Legislature that became effective in 2018 and explain their importance for real estate practitioners.

Speakers:

  • Robert M. McCormick. Esq., Downey Brand
  • Michael Maurer, Esq., Best & Krieger

What Every Real Estate Attorney Needs to Know About Eminent Domain – Patio Room

Find out what you need to know about how lease terms impact a landowner’s or tenant’s recovery in eminent domain, the initial steps a public agency must take before a case is filed which may impact your client’s rights, and unique aspects of the eminent domain litigation.

Speakers:

  • Jennifer Dienhard. Esq., Murphy & Evertz LLP
  • Emily Madueno, Esq., Murphy & Evertz
  • Jennifer McClure, Esq., Murphy & Evertz

Comparing the AIR and CAR Commercial Property Purchase and Sale Agreements – Pacific Room

The speakers will identify the most significant differences between the two widely used agreements for commercial real estate transactions in California and explain how each form came to its selected approach. A detailed paragraph by paragraph analysis will be provided in the meeting materials.

Speakers:

  • Neil Kalin, Esq., Assistant General Counsel, California Association of REALTORS
  • Bryan Mashian, Esq., Mashian Law Group
10:45 a.m. – 11:00 a.m. | Break
11:00 a.m. – 12:15 p.m. | Concurrent Sessions (1.25 Hours MCLE credit)

Ensuring Compliance with Emerging Rent Control Laws – Plaza Ballroom 3

As more California cities are enacting eviction and rent control measures in an effort to maintain housing affordability and to further prevent displacement of its residents, attorneys practicing in real estate and landlord-tenant law must be familiar with these new laws. This course will discuss what cities have adopted rent and/or eviction control laws and will analyze the commonalities and differences between those respective regulations. In addition, this program will cover the strict notice requirements that a landlord must follow to legally terminate residential tenancies and will also provide tips for best practices in litigating an unlawful detainer from both a landlord and tenant perspective.

Speakers:

  • Olivia Dopler, Esq., Associate, Steven Adair MacDonald & Partners, P.C.
  • Tiffany Yee, Esq., Associate, Steven Adair MacDonald & Partners, P.C.
  • Brad Kane, Esq., Principal, Kane Law Firm

State of Seismic Retrofit in CA – Plaza Ballroom 2

This panel will discuss the current progress of local mandatory ordinances regarding seismic retrofitting of potentially dangerous buildings, including soft-story wood frame multifamily, non-ductile concrete construction, unreinforced masonry buildings (URMs), and Pre-Northridge Steel structures. The panel will also discuss the liability, transactional impacts, as well as potential of impact to the resilience of communities if retrofitting is not accomplished.

Speaker:

  • Roy Anderson, P.E., National Lead Seismic Services, Building Assessments, AEI Consultants

The Ins and Outs of Tenant Letters of Credits in Acquisitions and Dispositions – Patio Room

The transfer of tenant letters of credit in a real property acquisition or disposition can be complicated and time consuming. We would like to discuss the importance of specific language related to transfers of such letters of credit in the Purchase Agreement and the mechanics and considerations related to such transfer. We would also like to discuss different forms and procedures for issuing and transferring letters of credit depending on the bank, the type and size of the property and tenants, fee structures, and other applicable noteworthy items.

Speakers:

  • Rachel Holloway, Esq., Pennington Lawson LLP
  • Beth Pennington, Esq., Pennington Lawson LLP

The Final Transaction – When a Fiduciary Sells the Property – Pacific Room

Enjoy our panel discussion regarding the issues (practical, ethical, and financial) facing professional fiduciaries when conducting and managing real estate transactions.

Speakers:

  • Marguerite Lorenz, CTFA, CLPF
  • Amber Anderson, REALTOR
  • Kyle E. Yaege, Esq., Hickman and Robinson, LLP
Afternoon Activities (Optional)

The Conference has ended but there are some great Newport Beach excursions we have planned for you on Sunday afternoon. Please see the Social Events/Excursions Section of the brochure for details and fees.

Newport Duffy Boats/Doc and Dine – Renting a Duffy electric boat is the perfect way to enjoy an afternoon or evening with your friends and loved ones, cruising Newport Bay. All of the Duffy Electric Boats can accommodate 10 people comfortably (children of all ages included) 12 maximum. Each boat has a full canopy top, full window enclosures, and a full stereo with iPod hookup. $45 Per Person

Dolphin/Whale Watching– Southern California is home to some of the best waters to experience whale migrations year round! Catch a glimpse at giant blue whales, grey whales and dolphins narrated by experienced professionals. Daily tours are offered for fishing excursions as well. $60 Per Person

Essential Information

Registration Fees

Online registration will remain open until April 22, 2019.

Early Bird Registration prices are still effective.

  • $750 for Current RPLS Section Members
  • $950 for Non-Section Members
  • $375 for New Attorneys
  • $375 for In-House Counsel/Government Professor
  • $100 for Law Student

One-Day Rate

  • $325 for Friday Only
  • $325 for Saturday Only
  • $175 for Sunday Only

Optional Special Activities

  • Complimentary for Friday Welcome Breakfast
  • Complimentary for Saturday Breakfast
  • $35 each for Bourbon Tasting/Comedian Josh Sneed
  • $45 each for Newport Duffy Boats/Dock and Dine
  • $60 each for Dolphin/Whale Watching

Pre-Registration Deadline

In order to pre-register, your form and check, payable to California Lawyers Association or credit card information, must be received by April 15, 2019.

How to Register

  1. Register Online
  2. Mail Reg Form to Program Registrations at:
    Program Registrations, California Lawyers Association
    400 Capitol Mall, Suite 650
    Sacramento, CA 95814
  3. Email to ProgramRegistrations@CAlawyers.org. In order to email your registration, credit card information is MANDATORY. (Photocopoies of checks will NOT be accepted.)
  4. On-site registration will be on a space available basis. Call to confirm space availability.

Cancellations/Refund Policy

All sales are final, no refund will be given.

Questions

For registration information call 916-516-1757. Telephone registrations will not be accepted. For program content and/ or section information call 916-516-1752.

Special Assistance

For special assistance, please call 916-516-1752.

Hotel Information

Hyatt Newport Regency
1107 Jamboree Rd
Newport Beach, CA 92660

Escape to the Hyatt Regency Newport Beach, a hotel retreat adjacent to the Upper Newport Bay Nature Reserve. Nestled among 26 acres featuring hundreds of palms and a succulent courtyard that is a nod to the California desert. Access our three unique pools, an executive golf course and luxury shopping. The hotel also is a pet-friendly hotel; additional fee will apply.

Hotel Reservations

Reserve guestrooms before April 15. $189 single/double rate.

Reserve early as reservations made after the deadline may be placed on
a space and rate available basis.

Phone Reservations: Call toll-free (949) 729-1234 or book online here.

Child Care

The Newport Hyatt Regency does not have child care on premises; but, offers the following recommendations for local childcare services.

Destination Sitters
(888) 748-5439
Info@destinationsitters.com
www.destinationsitters.com

Please note the hotel no longer runs a shuttle from the Airport to the hotel. Attendees are on own for finding transportation to and from the Airport. Uber and Lyft are heavily available from the Hotel. From Airport to Hotel is approximately 15 minutes.

This event may be recorded. By attending this event, you consent to be photographed, filmed, and/or otherwise recorded, and to any use, by the CLA, of your likeness, voice, and name in any and all media including social media. If you do not want your name or photo to be used, please let us know in advance. We cannot, however, honor requests to opt out of the use of your image or voice if you choose to ask a question during one of the event sessions.

Forgot Password

Enter the email associated with you account. You will then receive a link in your inbox to reset your password.

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