Real Property eNews

The recent California Governor executive order and the continued practice of brokers, requires a refresher on the brokers’ duties of inspection, so that brokers understand what they may or may not do. One of those duties is the broker’s duty of physical inspection, which is required before completing the Transfer Disclosure Statement (TDS) and the Agent Visual Inspection Disclosure (AVID). Read more

he Court of Appeal of California, Second Appellate District, Division Two, recently upheld a trial court’s finding that a later purchaser or encumbrancer for value seeking protection under the Quiet Title Act from the invalidation of an earlier quiet title judgment may only do so if it lacked constructive knowledge of some “defects or irregularities in [the earlier quiet title] judgment or proceedings” at the time it obtained its interest in the property. Read more

Often property owners believe that old mortgages, deeds of trust or other instruments creating a security interest in real property to secure a debt simply go away on their own with time. While this is partially true, an “ignore it and it will go away” mentality is not always the best policy. Read more

Boshernitsan v. Bach (2021) _ Cal.App.5th _ , 2021 WL 936580: The Court of Appeal reversed the trial court's order sustaining defendants' demurrer, without leave to amend, to plaintiff's complaint for unlawful detainer seeking to evict the defendant tenants under a provision of San Francisco's rent control ordinance allowing a landlord to evict renters from a unit to make the unit available for a close relative of the landlord (the family move-in provision; Rent Ord., § 37.9, subd. (a)(8)(ii)). Read more

On or about September 2020, California Governor Gavin Newsom signed into law Assembly Bill (“AB”) 3088. Read more

When in the throes of protracted lease negotiations, frustrated clients often ask me whether a proposed term is truly necessary to the contemplated transaction. Read more

The Real Property Law Section (“Section”) is seeking interested members to fill Practice Area Committees comprising of the following specialties Read more

Daneshmand v. City of San Juan Capistrano (2021) _ Cal.App.5th _ , 2021 WL 568138: The Court of Appeal affirmed the trial court's judgment for defendant, following a bench trial, and its orders granting defendant's motion for summary judgment and motion for judgment on the pleadings in an action by citizens to recover the difference between Read more

California is used to wildfires. But the Golden State's record-breaking 2020 wildfire season was particularly brutal. A blistering heat wave fueled dozens of simultaneous fires – conditions that spurred Gov. Gavin Newsom to declare a statewide state of emergency. Read more

I will start by saying that I am by no means a fitness expert. I am, however, a member of the Real Property Law Section’s newly formed Health & Wellness Committee where we pride ourselves in offering suggestions that could benefit the physical and mental health of all RPLS members. So, what does a “folding” or “foldable” bike have to do with this? Well, exercise. Sunshine. Laughter. And so much more. Read more