Real Property eNews

California has a “Summary Proceeding” for dealing with Stop Notice Claims on public works, that is supposed to be a faster, more efficient means of determining the merits of a Stop Notice Claim than would be litigating the claimant’s lawsuit to enforce the Stop Notice. Although the procedure has been a feature of California law for several years, it has been, in my experience and in that of several experienced construction law attorneys to whom I have spoken, rarely, if ever used. So, I decided to try it. Read more

Fires have played a major role in the history of California. Not only have these disasters repeatedly left a trail of devastation through the State’s forests and other natural areas, but recent fires have been noteworthy in their damage to developed areas such as Paradise and South Lake Tahoe. The impacts will be felt for years, as families struggle to rebuild their homes and charred trees litter freeways and hiking trails. These effects are a good reminder to make disaster plans, including identifying key heirlooms and records and reviewing insurance policies for adequacy and comprehensiveness. Read more

Bailey v. Citibank, N.A. (2021) _ Cal.App.5th _ , 2021 WL 2801633: The Court of Appeal reversed the trial court's judgment quieting title in favor of plaintiff, and its later order granting defendant's motion for relief from default and default judgment. The Court of Appeal concluded the trial court erred in setting aside the default and judgment under the mandatory relief provision of Code of Civil Procedure section 473. Because defendant's default was entered on November 14, 2018, but defendant's attorney, Jeremy Katz, was not referred or assigned to act as attorney on this case until January 10, 2019, attorney error could not possibly have caused the default in this case and mandatory relief was unavailable under the reasoning of Cisneros v. Vueve (1995) 37 Cal.App.4th 906, 908, 910–912 (Cisneros) as a matter of law. Read more

Since the start of the COVID-19 health crisis, we have been approached by both landlord and tenant clients asking how COVID affects their leasehold obligations. While we have generally encouraged our clients to approach these matters in an honest and amicable manner with a focus on resolution, disputes have arisen between owners and occupiers. Legal resolution does not come quickly, as the legal process tends to delay final adjudication for several years. Some decisions have been rendered in interim proceedings (such as bankruptcies), but on the whole, there simply has not been enough time for COVID-related disputes to proceed through both the trial and appellate levels and provide guidance on how these lawsuits will be resolved. Read more

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