Real Property eNews

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

Important New CCP 998 decision: Mostafavi Law Group, APC v. Larry Rabineau, APC (2021) _ Cal.App.5th _ , 2021 WL 803685! Read more

So January was a wellness cornucopia for California attorneys. First, it was the first month after New Year’s and a great time to test the boundaries of your New Year’s resolutions. Second, CLA had a Wellness Challenge #CLAWellnessChallenge featuring 25 challenging tasks. Third, CLA RPLS (Our Group) started some really great programing thanks in large part to the leadership of Ashley Peterson. Read more

Lee v. Kotyluk (2021) _ Cal.App.5th _ , 2021 WL 62274: The Court of Appeal affirmed the trial court's order granting defendant's motion for judgment on the pleadings, but reversed its order denying plaintiff's request to amend the complaint for unlawful detainer regarding a commercial lease. The case raised issues of first impression regarding whether a three-day notice under Code of Civil Procedure section 1161(3) was defective because it was issued before plaintiffs became the owners of the property, or was defective because it failed to identify the party to whom defendant could return possession of the property. Read more