Real Property eNews

Olen Properties Corp. v. City of Newport Beach (2023) _ Cal.App.5th _ , 2023 WL 4399077: The Court of Appeal affirmed the trial court’s order denying a writ petition seeking to overturn respondent’s approval of a project to develop a five-story, 312-unit residential housing project. Respondent, in an effort to comply with the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.; CEQA), obtained an addendum (the Addendum) to an existing environmental impact report prepared in 2006 (the 2006 EIR) as part of its general plan update. The Addendum considered a wide range of possible environmental impacts but concluded the Project’s impacts “would either be the same or not substantially greater than those described by the [2006 EIR].” This finding enabled respondent to approve the Project without preparing a new environmental impact report (EIR). The trial court, and the Court of Appeal, rejected petitioner’s arguments that Read more

On August 9, 2023, Pamela Scholefield, Esq. presented a webinar in association with the Real Property Law Section titled "Clarifying the Contractors State License Law."  That presentation is available here for "participatory" CLE credit in the Real Property Law Section education library.   In an effort to raise awareness of the webinar the Real Property Law Section E-News editorial staff conducted a brief interview with Ms. Scholefield about the presentation and the contractors license law topic more generally.  Read more

Monty A. McIntyre, Esq. publishes California Case Summaries™, which provides one-paragraph summaries, that can be read in 2 minutes and are organized by legal topic, of every new civil case published in California. Monty’s publication makes it quick and easy for California lawyers to know the new cases in their practice areas, and apply that knowledge to work up their cases better, make better arguments, get bigger settlements, and win more summary judgments and trials to make more money. Read more

The purpose of this article is to introduce the concept of the Bona Fide Purchaser (“BFP”), types of notice, and common arguments to overcome a BFP defense. It will focus on the requirements to obtain BFP status, specifically regarding notice. Additionally, it will address inquiry and implied notice, rarely used arguments, that can result in a denial of BFP status and loss of priority interest in a property. The article will also provide tips on what to look for in a property dispute to help overcome the BFP defense. Read more

Preservation Action Council of San Jose v. City of San Jose (2023) _ Cal.App.5th _ , 2023 WL 3365082” The Court of Appeal affirmed the trial court’s order denying a petition for writ of mandate seeking to overturn respondent’s approval of certification of a final supplemental environmental impact report (Final SEIR) for a proposed development of three, high-rise office towers as part of the City View Plaza Office Project sitting on an eight-acre site containing several historic structures in downtown San Jose. Conducting a de novo review, the Court of Appeal concluded that the Final SEIR adequately discussed mitigation for the unavoidable loss of significant historic resources and complied with the California Environmental Quality Act. (C.A. 6th, filed April 18, 2023, published May 10, 2023.) Read more

For the last few years we speak a lot about automating certain task, whether by necessity (to remain competitive and save human resources) or to achieve higher goals. Read more

NCR Properties v. City of Berkeley (2023) _ Cal.App.5th _ , 2023 WL 2423352: The Court of Appeal affirmed the trial court’s order denying petitions seeking administrative mandamus and declaratory relief. Petitioners purchased two derelict single-family homes in Berkeley and rehabilitated them, converting them into triplexes. After plaintiffs rented out the units, a dispute arose as to whether the properties were subject to the City of Berkeley’s Rent Stabilization and Eviction for Good Cause Ordinance, Berkeley Municipal Code Chapter 13.76. Read more

I have been practicing as a civil litigator for 13 years, and I am currently practicing in Los Angeles.   My practice focuses on professional liability litigation, including attorney malpractice, real estate broker malpractice claims, and claims against insurance agents, financial advisors, intra-corporate management disputes, and shareholder derivative litigation.  Before I started working as a civil litigator, I worked as a state prosecutor in New York and then a federal prosecutor in the Northern District of California.   Read more

As a real estate broker who has been deposed more than 100 times in the course of working with attorneys for 35+ years as an expert witness/consultant, I do have some thoughts on the subject. Read more

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