Real Property eNews

Yes, someone with a valid power of attorney can bring a lawsuit on behalf of the person who granted them authority, if the power of attorney vests them with legal authority to do so. Generally, a power of attorney can authorize actions like property management, conducting financial transactions, or pursuing litigation. Read more

A recent San Diego County unlawful detainer action highlights the jurisdictional limits of California’s summary eviction process when complex ownership claims arise. The case, set in remote Jacumba, underscores when unlawful detainer is an improper vehicle for resolving disputes that go beyond mere possession. Read more

California attorneys can win more cases by always knowing the new published civil in their practice areas. California Case Summaries™ makes this easy with one-paragraph case summaries, organized by legal topic, of every new civil case published by California courts in monthly issues, quarterly issues, annual issues, or all three. Read more

Mediation plays a significant role in partition disputes by providing a voluntary, informal, and non-adversarial process aimed at helping disputing parties reach a mutually acceptable settlement agreement. In partition actions, mediation plays a crucial role in resolving disputes through a less adversarial and more cost-effective alternative to litigation. Read more

In a stunning display of misplaced accountability, San Jose Police Officer Erin Allen has filed a lawsuit against Gabriel Carreras’ landlord. Carreras shot Officer Allen in 2023 when she responded to a domestic violence call at his residence. Read more

Emmons v. Jesso (2025) __ Cal.App.5th __, 2025 WL 2462709: The Court of Appeal affirmed the trial court’s judgment for defendant/cross-complainant landlord, following a jury trial, awarding defendant of $14,700 plus interest and costs on defendant’s cross-complaint for rent not paid. Read more

Homesteads are a special kind of estate that California law protects from forced sale. Homestead protection is not, however, automatic. For a property to be a homestead it must be the dwelling place where the family permanently resides and the property must be formally designated as a homestead. Read more

Yes. In California, you can record a second lis pendens on the same property, with the court’s permission, if the first is expunged. A lis pendens, or notice of pendency of action, is filed in any lawsuit affecting title or right to possession of real property, like partition actions. Under California’s Code of Civil Procedure, individuals can file a second lis pendens on the same property with the court’s permission, if the filing meets all statutory requirements. Read more

Coyote Aviation Corp. v. City of Redlands (2025) __ Cal.App.5th __, 2025 WL 1587299: The Court of Appeal affirmed the trial court’s order sustaining demurrers, without leave to amend, to Coyote Aviation Corp’s (Tenant) first amended complaint alleging breach of contract, specific performance, breach of the implied covenant of good faith and fair dealing, and declaratory relief and promissory estoppel/detrimental reliance related to defendant City of Redlands’ (City) denial of Tenant’s untimely request to renew its lease. The Court of Appeal also affirmed the trial court’s order granting City’s motion for summary judgment in its later unlawful detainer action filed after tenant Read more

Contingencies are conditions or requirements included in purchase agreements that must be met before the agreement moves forward. Contingencies are designed to protect the parties’ interests in the transaction by allowing them to back out of deals or renegotiate terms when certain conditions are not satisfied.  Read more