Real Property Law

Webinar Replays Series – $20 Tuesdays!

Our $20 Webinar Replays are Tuesdays @ 12 noon. Take advantage now!

July | August | October | November

Litigation Under the Housing Accountability Act: Zen and the Art of Objective Standards

July 28, 2020


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. [1.25 Hours MCLE]

The Final Transaction—When a Fiduciary Sells the Property

August 4, 2020


Enjoy our panel discussion regarding the issues (practical, ethical, and financial) facing professional fiduciaries when conducting and managing real estate transactions. [1 Hour MCLE]

$1.6 Billion Redevelopment of Seaport Village

August 11, 2020


Yehudi “Gaf” Gaffen is the Managing Partner of Protea Waterfront Development and founder of Gafcon, Inc., the team behind the Seaport Village redevelopment project. Gaf, and Paul Najar, Gafcon’s Vice President and General Counsel, will discuss the commercial and residential changes coming to San Diego’s waterfront and the associated legal challenges. [1.25 Hours MCLE]

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

August 18, 2020


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. [1.25 Hours MCLE]

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

August 25, 2020


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. [1.25 Hours MCLE]

Reducing Land Use Conflicts Through Collaborative Easements

October 6, 2020


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. [1 Hour MCLE]

Workspace for Hire: Office Co-Working and Workspace as a Service Leasing Issues

October 13, 2020


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 a company may want to consider when entering into a co-working or other flexible office arrangement. [1 Hour MCLE]

The Changing and Challenging World of Retail Leasing: The Doctor is in: Leasing to Medical Related Uses

October 20, 2020


Shopping center developers, owners and investors are increasingly diversifying the tenant mix of their properties to include medical-related uses. This seminar will focus on what is driving such changes as well as what obstacles and/or issues are presented by such uses, including implications of existing reciprocal easement agreements, use restrictions, land use constraints, lender controls and regulatory requirements. [1 Hour MCLE]

The Changing and Challenging World of Retail Leasing: Unique Issues in Grocery Store Leasing

October 27, 2020


Grocery stores are evolving at an ever more rapid pace. This workshop will offer an insider’s perspective on unique opportunities for the leasing lawyer working in this dynamic area AND will address such lease provisions as assignment and subletting, use and exclusive use clauses, and rights to reduce and expand store footprint in the lease documentation. [0.75 Hours MCLE]

The Changing and Challenging World of Retail Leasing: How do Landlords, Tenants and Mortgagees Interact During the Negotiations of Estoppels and SNDAs

November 3, 2020


This workshop will explore the perspectives of landlords, tenants and mortgagees in the processing of tenant estoppel certificates. We will also examine the interplay of the competing interests of each of these three parties in the context of negotiating SNDAs. This workshop will encourage participants to evaluate the confliction interests of the parties and discuss drafting compromises that work for everyone. [1 Hour MCLE]

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