California Lawyers Association

Real Property eNews

Articles from the monthly enews of the Real Property Law Section

June 2020 By Monty McIntyre Monty McIntyre California Case Summaries™ (https://cacasesummaries.com) 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 keep up with the new case law in their practice areas. Monthly, quarterly and annual single-user and discounted multi-user subscriptions are available. Monty hasbeen a California civil trial lawyer since 1980, a member of ABOTA since 1995,… Read more
As the first of the rent moratoriums are expiring, landlords throughout California are eager to file unlawful detainer actions to obtain possession of their properties from tenants who have failed to pay rent or comply with repayment obligations. Read more
Over the past several months, the COVID-19 health crisis has affected everyday life in a magnitude that is hard to fathom. Routine tasks, such as going to the grocery store or walking the dog, suddenly necessitate precautions like face masks, social distancing, and excessive amounts of sanitizer. Unemployment is near record levels, businesses have shuttered, and most of us are confined to our homes to avoid further spreading the COVID-19 disease. Read more
After over two months of closed businesses, furloughed or terminated employees, PPP loans and masked and quarantined residents, our economy is going through various phases of reopening and re-engaging. Read more
In recent weeks, California Senate Bill 939 has garnered significant attention from the commercial real estate industry. This controversial legislative proposal written by Senator Scott Wiener (D-San Francisco) and Lena Gonzalez (D-Long Beach) is designed to provide relief to small business commercial tenants during the state of emergency issued by the Governor on March 4, 2020 in response to the COVID-19 pandemic threat. Read more
As more and more commercial tenants stop paying rent under their leases due to the impacts of COVID-19, much has been written in recent weeks about possible defenses to performance such as force majeure, frustration of purpose, and impossibility. Read more
The California Lawyers Association (“CLA”) held its Second Annual Legislative Day in Sacramento on March 4, 2020. It was a well-attended event and included CLA leadership, Executive Committee Members of the various sections of the CLA, members of the bar, and various individuals representing different organizations. Read more
Huang v. Wells Fargo Bank, N.A. (2020) _ Cal.App.5th _ , 2020 WL 2059951: The Court of Appeal reversed the trial court's order granting defendant's summary judgment on the basis of the statute of limitations. Read more
County of Humboldt v. App. Div. (2020) _ Cal.App.5th _ , 2020 WL 1164262: The Court of Appeal granted a writ petition directing respondent to vacate its earlier order dismissing petitioner's appeal and to issue a new order transferring the case to the Court of Appeal for further proceedings. Read more
The California Association of Realtors Residential Purchase Agreement does not have a force majeure provision in the contract, so a buyer or seller wishing to cancel or delay should review their signed escrow instructions for further guidance. They should not rely on their brokers in giving them any legal advice, because the finding of whether a contract could be breached will depend on the facts and law of each individual case and on the judge who hears it. Read more

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