Real Property eNews

In recent years, association controls on a homeowner’s right to rent, the duration of a rental, and rental caps have been severely weakened, both in case law and by statute. Read more

League to Save Lake Tahoe Mountain Area v. City of Placer (2022) _ Cal.App.5th _ , 2022 WL 442815: The Court of Appeal affirmed, in part, two judgments of the trial court in two actions alleging that respondent's approval of approval of a land use specific plan and rezoning to permit residential and commercial development and preserve forest land near Truckee and Lake Tahoe, did not comply with the California Environmental Quality Act Read more

On April 22-24, 2022, the CLA Real Property Law Section will be hosting its first annual Real Property Health & Wellness Retreat at the fabulous Ritz Carlton, Lake Tahoe. We are excited that this will be the first event for our section to be focused primarily on wellness MCLE seminars and activities over substantive property law content. When Elizabeth Blair and I brainstormed this event, our goal was to break away from the typical tedious MCLE conference where attendees would be sitting in a room all day without much opportunity to network or get up and move. We wanted to appeal to a broader, younger audience, and shift the dynamic of what a legal conference could be. Read more

In the case of Greif v. Sanin, (2022), 74 Cal.App.5th 412, California’s Fourth Appellate District decided that in the sale of vacant land a real estate licensee representing the buyer exclusively had no common law duty to inform an unrepresented seller that the purchase price was below fair market value. In and of itself, that holding is not surprising. After all, even prior to this case what real estate attorney would tell a buyer’s exclusive agent that the agent has a duty to inform the seller that the buyer is getting a good deal, or even a “steal?” After all, doing so might be a breach of the buyer’s exclusive agent’s fiduciary duty to the agent’s own client. Read more

Award Homes, Inc. v. County of San Benito (2021) _ Cal.App.5th _ , 2021 WL 5631443: The Court of Appeal affirmed the judgment for defendant in an action by plaintiff developer for a determination that it was not required to pay amounts required under tax sharing agreements between defendant and the City of Hollister. Tax sharing agreements between defendant and the City of Hollister required the city to pay defendant a fixed fee Read more

The Real Property Law Section of the California Lawyers Association has organized Practice Area Committees (PACs) to focus on specific areas of real property law. Each month, E-News will highlight a different PAC. Read more

So we held our 2021 CLA Northern California Holiday Party on Friday 12/17/2022 at 1515 Restaurant Lounge in Walnut Creek, California. 1515 is a great venue overlooking North Main Street in Walnut Creek. We had a cool private room on the second floor with a super bartender mixing up drinks specialty drinks. The crowd was small but our hearts were full of holiday cheer. I want to think Beth Pierce and Anne Wolf for their tremendous support. Read more

Farmland Protection Alliance v. County of Yolo (2021) _ Cal.App.5th _ , 2021 WL 5103355: The Court of Appeal reversed the trial court's decision directing defendant to set aside its decision to adopt a revised mitigated negative declaration and issue a conditional use permit to real parties in interest Field & Pond, Dahvie James, and Philip Watt (real parties in interest) to operate a bed and breakfast and commercial event facility supported by onsite crop production intended to provide visitors with an education in agricultural operations (project). Read more

For the first time since the COVID-19 pandemic began, on October 28, 2021 the CLA Real Property Law Section once again joined forces with the San Diego chapter of the National Association of Real Estate Brokers to revive their traditional joint fall networking event titled the “Funky Fall Soiree” at the Loma Club in San Diego. Read more

Los Angeles Dept. of Water and Power v. County of Inyo (2021) _ Cal.App.5th _ , 2021 WL 3629227: The Court of Appeal affirmed the trial court's order granting a peremptory writ of mandate in an action alleging violations by respondent of the California Environmental Quality Act (CEQA; Public Resources Code, section 21000 et seq.) arising from use of condemnation proceedings to acquire fee simple title to three sites that respondent leased and used for landfills and respondent's continued operation of the landfills. Read more