Real Property Law

Webinar Replays Series – $20 Tuesdays!

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

May | June | July | August | October | November

Climate Disruption and Sea Level Rise – Legal Issues for Coastal Land Use in California

May 19, 2020

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Sea level rise is projected to accelerate in coming decades as climate change warms the oceans (causing them to expand) and increases the melting of ice and snow. Higher sea level will exacerbate storm damage to coastal property, increase saltwater intrusion into coastal ground water basins, and literally shift the mean high tide mark—a key boundary between public and private coastal property interests—inland in many areas. These shifts will increase legal conflict along California’s coast. This MCLE outlines the key legal doctrines under common law, the Public Trust Doctrine, and the California Coastal Act that will frame litigation and policy responses to the impact of ongoing sea level rise. [1.25 Hours MCLE]

Who Really Signed the Document? Liability Issues Arising From Common E-Signature Practices

May 26, 2020

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This panel will discuss the 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. [1 Hour MCLE]

You Are More Than A Lawyer

June 2, 2020

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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. [1.25 Hours MCLE]

Attorneys Fees in Bankruptcy Cases Post-Penrod- Expect the Unexpected

June 16, 2020

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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 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 such as lease assumption/rejection motions, preference actions, and relief from stay matters. [1.25 Hours MCLE]

Green Leases: Regulatory and Contract Considerations for Commercial Cannabis Leases

June 23, 2020

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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. [1.5 Hours MCLE]

Barriers to Housing Production- Real and Perceived

June 30, 2020

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Disagreement remains over the causes of California’s housing shortage. 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. Panelists will discuss options for addressing the challenges in order to speed the process for approvals of new housing. [1.25 Hours MCLE]

Is Artificial Intelligence Taking Over the Practice of Real Estate?

July 7, 2020

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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. [1.25 Hours MCLE]

The Rise of Autonomous Vehicles and Implications for Land Planning and Development

July 14, 2020

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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. [1.25 Hours MCLE]

New Mandatory Disclosures Before Mediation and All the Key Confidentiality Issues

July 21, 2020

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Effective January 1, 2019, a new California law will require practitioners to ensure that their client, before agreeing to mediation, understands 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. [1.25 Hours MCLE; 1.25 Ethics]

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

July 28, 2020

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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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