Real Property eNews

Tenant, Uncle Tom’s, Inc. (“Tom’s”), alleged that landlord, Lynn Plaza, LLC (“Lynn Plaza”), improperly included a portion of the property management fees and the cost of leasing an easement in the common area maintenance (“CAM”) costs (collectively, the “Costs”) as Tom’s responsibility under the parties’ lease. Read more

SVAP III Poway Crossings, LLC v. Fitness Internat. LLC (2023) _ Cal.App.5th _ , 2023 WL 333705: The Court of Appeal affirmed the trial court’s order granting plaintiff’s motion for summary judgment in an action by plaintiff landlord against defendant tenant for failure to pay rent. Read more

California’s Second District Court of Appeal recently affirmed that a shorter 90-day statute of limitations, and not a longer three- or four- year statute of limitations, applies to Political Reform Act (PRA) claims that challenge land use decisions. Read more

With the turn of the year comes ill-fated resolutions, needed but annoying rain, and a slew of new legislative enactments coming into effect.  Read more

Monty A. McIntyre, Esq. is the publisher of California Case Summaries™ which provides short summaries, organized by legal topic, of every new published civil and family law case helping California lawyers easily master the new case law in their practice areas, get better results and referrals, and grow their law practice. Read more

In the November 8 election, voters in the City of Los Angeles savaged the value of so-called “expensive” residential and commercial real estate by adopting Measure ULA (“ULA”). Dubbed the “Mansion Tax,” ULA imposes ADDITIONAL transfer taxes on the sale of residential and commercial properties in Los Angeles, effective April 1, 2023. Read more

The filing of a bankruptcy case “operates as a stay . . . of . . . any act to create, perfect, or enforce any lien against property of the [bankruptcy] estate.” 11 U.S.C. § 362(a)(4) (emphasis added). Read more

Miller v. Dept. of Real Estate (2022) _ Cal.App.5th _ , 2022 WL 9689825: The Court of Appeal affirmed the trial court’s order denying a petition for writ of administrative mandamus seeking to overturn an order issued by an administrative law judge and adopted by respondent, that revoked the real estate licenses of Nijjar Realty Inc. and its broker of record Everet Miller as a result of their violations of the Real Estate Law Read more

Honchariw v. FJM Private Mortgage Fund, LLC (2022) _ Cal.App.5th _ , 2022 WL 4544812: The Court of Appeal reversed the trial court’s order denying claimants’ petition to vacate the arbitration award against them in their action challenging a late-payment provision in their $5.6 million dollar bridge loan with interest of 8.5% per annum, secured by a first lien deed of trust on real property. Read more

It is an honor for me to serve as the Chair of the Real Property Law Section (RPLS) for the 2022-2023 term. Read more