California Lawyers Association

Real Property eNews

Articles from the monthly enews of the Real Property Law Section

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
For those who are not aware, the California insurance market is in crisis. Common Interest Developments (CIDs), most commonly condominiums, are not only paying impossible premiums for property insurance, but some cannot get coverage AT ALL, or not to the full coverage requirement in their Conditions, Covenants and Restrictions (CC&R). This puts the boards of directors in direct violation of their CC&R, and therefore at heightened risk for a claim on their Directors & Officers Liability (D&O) policy (professional liability coverage for the decisions made – and not made – by the association’s board of directors). Read more
Petrolink, Inc. v. Lantel Enterprises (2022) _ Cal.App.5th _ , 2022 WL 2733801: The Court of Appeal affirmed the trial court's order granting defendant's motion to compel performance of the amended judgment. This was a vigorously litigated case involving two appeals before this one. Read more
Canyon Vineyard Estates I v. DeJoria (2022) _ Cal.App.5th _ , 2022 WL 1565262: The Court of Appeal affirmed in part, and reversed in part, the trial court's order granting defendants' motion for summary judgment entering a judgment an injunction against plaintiff, and awarding defendant Mountains Restoration Trust (MRT) 1,371,962.20 in attorney fees and $5,424.55 in costs and awarding the California State Attorney General $189,675 in attorney fees and $5,552.88 in costs. Read more
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

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