California Lawyers Association

Real Property eNews

Articles from the monthly enews of the Real Property Law Section

On April 22-24, 2022, the CLA Real Property Law Section hosted its first annual Real Property Health & Wellness Retreat at the fabulous Ritz Carlton, Lake Tahoe, and it was such a smashing success that the initial reservation sold out, and RPLS had to expand the number of rooms reserved for the event to accommodate the overwhelming response. The event was at or near capacity for many of the individual events, Read more
A lot has changed about being a residential landlord in California since January 2019 when the Tenant Protection Act (Civil Code §§ 1946.2, 1947.12 and 1947.13) fist became effective. Since January of 2019 many county and municipal jurisdictions have changed their local rent control ordinances to limit the amount and frequency of rent increases, create new conditions to eviction brought for cause (e.g. requiring application for and denial of rental assistance programs), restrict the instances in which a lease may be terminated by the landlord unilaterally (e.g. owner intent to occupy, intent to sell the property, and/or intent to make improvements). At the same time, California’s State, county Read more
The California Debt Collection Licensing Act (“DCLA”) was enacted by the 2020 passage of California SB 908. One aspect of the DCLA requires persons engaged in the business of collection of consumer debt to apply for and obtain a debt collector license from the California Department of Financial Protection & Innovation (“Department”). Read more
On August 16, 2021, the Eighth Circuit court of appeals issued an opinion holding that floor plans do not constitute “pictures, paintings, photographs, or other pictoral representations” of an architectural work under 17 U.S.C. §120(a). Read more
“Let’s leave that to the lawyers.” It’s a familiar refrain that I hear often as contract negotiations drag on between parties. Read more
Sheen v. Wells Fargo Bank (2022) _ Cal.5th _ , 2022 WL 664722: The California Supreme Court affirmed the trial court's order sustaining defendant's demurrer to plaintiff's cause of action alleging negligence in defendant's responses to plaintiff's loan modification requests. Read more
In recent years, association controls on a homeowner’s right to rent, the duration of a rental, and rental caps have been severely weakened, both in case law and by statute. Read more
League to Save Lake Tahoe Mountain Area v. City of Placer (2022) _ Cal.App.5th _ , 2022 WL 442815: The Court of Appeal affirmed, in part, two judgments of the trial court in two actions alleging that respondent's approval of approval of a land use specific plan and rezoning to permit residential and commercial development and preserve forest land near Truckee and Lake Tahoe, did not comply with the California Environmental Quality Act Read more
On April 22-24, 2022, the CLA Real Property Law Section will be hosting its first annual Real Property Health & Wellness Retreat at the fabulous Ritz Carlton, Lake Tahoe. We are excited that this will be the first event for our section to be focused primarily on wellness MCLE seminars and activities over substantive property law content. When Elizabeth Blair and I brainstormed this event, our goal was to break away from the typical tedious MCLE conference where attendees would be sitting in a room all day without much opportunity to network or get up and move. We wanted to appeal to a broader, younger audience, and shift the dynamic of what a legal conference could be. Read more
In the case of Greif v. Sanin, (2022), 74 Cal.App.5th 412, California’s Fourth Appellate District decided that in the sale of vacant land a real estate licensee representing the buyer exclusively had no common law duty to inform an unrepresented seller that the purchase price was below fair market value. In and of itself, that holding is not surprising. After all, even prior to this case what real estate attorney would tell a buyer’s exclusive agent that the agent has a duty to inform the seller that the buyer is getting a good deal, or even a “steal?” After all, doing so might be a breach of the buyer’s exclusive agent’s fiduciary duty to the agent’s own client. Read more

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