Real Property eNews

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

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