eNews

On August 15-16, 2019, CLA officers and Executive Committee members of the sixteen sections and California Young Lawyers Association (CYLA), the Board of Representatives, and CLA Committee Leadership attended a Leadership Orientation in Sacramento to discuss their goals for the upcoming year and to brainstorm about how the CLA can collaborate to deliver quality programming and services to members. In addition, many of the BLS officers had active roles in planning and speaking at the conference. Read more

The BLS has had a busy and productive 2018-19 CLA/State Bar year, and it has been my honor and privilege to serve as Chair during this transformative year. In this, my final eNews address, I encourage all BLS members to visit the new CLA website that launched this year at http://www.calawyers.org, and familiarize themselves with the CLA as well as all of the excellent benefits that membership in our Section provides. Read more

By Neil J Wertlieb Neil J Wertlieb Neil J Wertlieb is an experienced transactional lawyer, educator and ethicist, who provides expert witness services in disputes involving business transactions and corporate governance, and in cases involving attorney malpractice and attorney ethics.  He is a Founding Member and Co-Chair of the California Lawyers Association Ethics Committee.  The views expressed herein are his own.  For additional information, please visit www.WertliebLaw.com. Lawyers must be able to identify who is, and who is not, their… Read more

Taylor E. Hubbard, Esq. and T. Robert Finlay by Taylor E. Hubbard, Esq. and T. Robert Finlay Default interest is intended to compensate a lender for the additional cost and delay resulting from a borrower’s default on the loan.  Default Interest Rate provisions come in all sizes and are found in many different types mortgage loans.  While these provisions are not prohibited, courts often view them with a suspicious eye.  As discussed in this article, Bankruptcy courts in particular, do… Read more

By Norm Chernin Norm Chernin This Court of Appeal decision is 51 pages long;  but the best way to read it is to start with the map attached as an exhibit on page 52 [The map needs to be seen in color. Try justia.com if you only have access to a black and white version.] It is a classic case of a trial judge trying to overcome poor legal draftsmanship exacerbated by less than stellar civil procedure practice by plaintiff’s… Read more

Douglas Borchert By Douglas Borchert The plaintiff sought to quiet title to two claimed easements within residential gated communities in which she held no property interest. The trial court granted her an express easement or in the alternative a prescriptive easement and an equitable easement over all the private streets in a gated community (Indian Springs) in Chatsworth and also an express or in the alternative prescriptive and equitable easements over the Lenope lot in the adjacent Indian Oaks gated… Read more

By Dominic Signorotti Dominic Signorotti The Second Appellate District’s recent decision in Ranch at the Falls LLC v. O’Neal (2019 WL 3453201) offers a great tutorial on the do’s and don’ts when seeking to perfect an easement.  The primary takeaways from Ranch at the Falls are: (1) make sure that you identify and name indispensable parties in a quiet title action, otherwise you risk a defective judgment; (2) a statement of decision must include facts and evidence to support each… Read more

The Real Property Law Section (“Section”) is seeking interested members to fill the newly created Practice Area Committees comprising of the following specialties... Read more

By John (J.R.) RichardsReal Property Attorney Jonathan Golding One thing that really strikes me about your online presence is that you have a wonderful website.  What kind of effort and planning went into building this website? When we opened our law firm in 2015, we thought we might not need a website – that LinkedIn might be sufficient.  But we learned that once a client finds you on social media, he or she goes to your website.  Prospective clients kept… Read more

September 2019 Monty McIntyre By Monty McIntyre California Case Summaries™ (https://californiacasesummaries.mykajabi.com) Monty A. McIntyre, Esq. is the publisher of California Case Summaries™. Monty hasbeen a California civil trial lawyer since 1980, a member of ABOTA since 1995, and currently works as a full-time mediator, arbitrator and referee with ADR Services, Inc. (ADR) in ADR’s offices in San Diego, Irvine, and Los Angeles. California Case Summaries™provides short summaries, organized by legal topic, of every new published civil and family law case… Read more