California Lawyers Association

Real Property eNews

Articles from the monthly enews of the Real Property Law Section

By Monty McIntyre Check out Monty McIntyre’s new FREE feature, Monty’s Case Commentary, where he discusses interesting newly published cases. This is in audio MP3 format, so you can listen to it whenever and wherever they want to. Here is the link. California Case Summaries™ ( 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… Read more
By Michael Simkin, Esq. The Covid-19 pandemic continues, and the government has implemented new stopgap laws affecting payment of rent. The current primary laws affecting residential tenancies are the CDC Agency Order Published September 4, 2020 and California’s AB3088 enacted August 31, 2020 aka The California Tenant, Homeowner, and Small Landlord Relief and Stabilization Act.  Commercial evictions for non-payment of rent may still be limited through Governor Newsom’s September 23, 2020 Executive Order extending the timeframe for the Covid-19 protections… Read more
By Mark E. Ellinghouse and Josiah M. Prendergast Many businesses affected by COVID-19 and the related shelter-in-place orders are turning to their business interruption insurance policies in hope of finding relief. In general terms, a business interruption insurance policy replaces some or all of a business’s income when the business is forced to curtail or cease its operations as the result of a disaster. In the vast majority of cases, insurance companies have turned away COVID-related business interruption claims, claiming… Read more
Interview by Shawn S. Dhillon, Esq. – e-News Editor This month we are pleased to feature an interview with the incoming Chair of the Real Property Law section, Elizabeth Blair, Esq.  In this interview you will learn more about Elizabeth’s legal practice, background, and things she enjoys outside of her legal career.  Tell me about your law practice.  What areas of law does your practice cover? What geographic areas do you focus on?My firm, Blair Law, focuses on real property… Read more
By: Michael Simkin, Esq. Most California commercial leasing transactions use one of the AIR CRE Commercial Leases (“AIR Forms”) or the CAR Commercial Lease form (“CAR Form”).  The AIR Forms are very inclusive at 20+ pages, are balanced for the landlord and tenant, but may not be the right choice for every commercial lease.  The CAR Form is user friendly at 6 pages, but only covers the basics.  The AIR CRE forms have specific leases for office, single, multi-tenant, ground… Read more
By Victor Rocha, Esq. On October 5, 2020, Governor Gavin Newsom nominated Justice Martin Jenkins (Ret.) to serve on the California Supreme Court. If confirmed, Justice Jenkins would be the first openly gay Justice, and only the third African American man, to serve in the 170 year old history of the California Supreme Court. In a video statement, Gov. Newsom said, "Of the duties granted to governors by our State Constitution, few are more consequential than nominating a new justice… Read more
By Elizabeth A. Blair, Esq. Dear Real Property Law Section Members, As we embark on the 2020-2021 California Lawyers Association year, we are facing new and unexpected challenges and obstacles, as well as opportunities and successes.  The COVID-19 pandemic allowed us to connect to one another in ways we would not have expected and to maintain business operations from remote locations, turning our homes into both offices and schools.  I want to say a special thank you to Steven DeLateur… Read more
Protecting Our Water and Environmental etc. v. County of Stanislaus (2020) _ Cal.5th _ , 2020 WL 5049384: In a California Environmental Quality Act (CEQA; Public Resources Code, section 21000 et seq.) case addressing the distinction between discretionary and ministerial projects, the California Supreme Court reversed the portion of the Court of Appeal decision concluding that all well permit issuances by respondent were discretionary (not ministerial). Read more
WUWU! is coming. Not, woo, hoo. Not woo, woo. It is not Constance Wu either. But WUWU! WUWU stands for What’s Up With Us! WUWU is part podcast, part talk show, part open forum, and all real estate. WUWU is a way to catch up on all goings-on with your Real Property Law Section, find out about the hot topics that may be impacting your practice, learn about leading real property practitioners and what makes them successful and carry on, make suggestions for programs, events and activities that will definitely make their way to leadership, and have a little fun all in about one hour every month. Read more
The coronavirus disease 2019 (COVID-19) pandemic has caused borrowers and lenders to take a fresh look at certain loan document provisions, including everyone’s favorite, the non-recourse carveouts. Read more

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