Real Property eNews

The California Court of Appeals for the Fifth Appellate District recently reversed a trial court’s decision under the California Code of Civil Procedure section 473 to set aside a default and a judgment quieting title. However, the Court also held that the judgment quieting title was erroneous as a matter of law. 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

In response to all of the kind and encouraging words I have received from members of the CLA-RPLS over the past month, I want to thank each of you for your encouragement and let you know that it is my honor to take on this new responsibility. I hope that I can come close to filling J.R.’s shoes in the future, and know that, with the continuing assistance of our talented members, the e-news will continue to be a source of useful and timely information to us all. Read more

The Court of Appeal affirmed the trial court's order denying a petition for writ of mandate challenging respondent's adoption of a mitigated negative declaration regarding a project to replace an existing bridge. The Court of Appeal held that petitioners' framing of the fair argument test in terms of the project having "potentially significant impacts on resident safety and emergency evacuation" was erroneous. Read more

Ownership of real property comes with a bundle of rights. One of those rights, the ability to exclude others, is now on the forefront. It has been raised again by the United States Supreme Court in the case published on June 23, 2021: Cedar Point Nursery v. Hassid, No. 20-107 (S. Ct. June 23, 2021) . This decision is a major victory for property owners, particularly as it relates to access. It begins to answer the question, can a public agency regulate private property rights? Read more

It is my pleasure to announce the new E-News editor, Kyle Yaege. CLA RPLS E-News is being left in truly capable hands. Read more

Join us for a two-part series with Certified Yoga Therapist Susana Jones. Read more

The California Lawyers Association Real Property Section Executive Committee is sad to announce the passing of our beloved friend and colleague Bob McCormick. Read more

Stancil v. Super. Ct. (2021) _ Cal.5th _ , 2021 WL 1727612: The California Supreme Court affirmed the Court of Appeal ruling denying defendant writ relief from the trial court's order denying defendant's motion to quash service of summons under Code of Civil Procedure section 418.10 in an unlawful detainer case. Read more

A notice of pendency of action or lis pendens is a statutory procedure designed to give constructive notice of a lawsuit affecting real property. (Civ. Pro. C. § 405.2 et seq.) The recording of this notice is privileged if properly recorded. However, no privilege exists if the notice is improper such as when the action does not affect title or possession of real property or because the action is filed in the wrong court. Read more