Real Property eNews

As the Chair of the California Lawyers Association Real Property Law Section (RPLS), I want to first thank our amazing volunteers and CLA staff who help RPLS provide relevant and timely educational content, Real Property Journal articles, and monthly articles in the eNews. I encourage you to get involved with RPLS. Read more

ESA Management, LLC v. Jacob (2021) _ Cal.App.5th Supp. _ , 2021 WL 1723516: The Appellate Department of the San Diego Superior Court reversed the trial court's unlawful detainer judgment for plaintiff. Read more

“What does your Daddy do for a living little boy?” “He’s a liar.” “Don’t you mean ‘lawyer’?” “Mmmmm, I guess so.” Read more

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