Real Property eNews

The Real Property Law Journal (“Journal”) of the Real Property Law Section of the California Lawyers Association is California’s preeminent statewide publication for real estate attorneys. Read more

In the recent decision in RGC Gaslamp, LLC v. Ehmcke Sheet Metal Co., Inc. (2020), the Fourth Appellate District held that a trial court properly granted an anti-SLAPP motion because the recording of a mechanic’s lien is protected by the litigation privilege under Civil Code Section 47(b). Read more

Proposition 19 would make two significant changes to existing rules that allow certain individuals to transfer their property tax base from one residence to another. According to the Secretary of State website, as of November 10, just over 51% of Californians have voted to enact Proposition 19. Read more

By Monty McIntyre Check out Monty McIntyre’s new FREE feature, Monty’s Case Commentary, where he discusses interesting newly published cases. This is in audio MP3 format, so you can listen to it whenever and wherever they want to. Here is the link. California Case Summaries™ (https://cacasesummaries.com) Monty A. McIntyre, Esq. is the publisher of California Case Summaries™ which provides short summaries, organized by legal topic, of every new published civil and family law case helping California lawyers easily keep up… Read more

By Michael Simkin, Esq. The Covid-19 pandemic continues, and the government has implemented new stopgap laws affecting payment of rent. The current primary laws affecting residential tenancies are the CDC Agency Order Published September 4, 2020 and California’s AB3088 enacted August 31, 2020 aka The California Tenant, Homeowner, and Small Landlord Relief and Stabilization Act.  Commercial evictions for non-payment of rent may still be limited through Governor Newsom’s September 23, 2020 Executive Order extending the timeframe for the Covid-19 protections… Read more

By Mark E. Ellinghouse and Josiah M. Prendergast Many businesses affected by COVID-19 and the related shelter-in-place orders are turning to their business interruption insurance policies in hope of finding relief. In general terms, a business interruption insurance policy replaces some or all of a business’s income when the business is forced to curtail or cease its operations as the result of a disaster. In the vast majority of cases, insurance companies have turned away COVID-related business interruption claims, claiming… Read more

Interview by Shawn S. Dhillon, Esq. – e-News Editor This month we are pleased to feature an interview with the incoming Chair of the Real Property Law section, Elizabeth Blair, Esq.  In this interview you will learn more about Elizabeth’s legal practice, background, and things she enjoys outside of her legal career.  Tell me about your law practice.  What areas of law does your practice cover? What geographic areas do you focus on?My firm, Blair Law, focuses on real property… Read more

By: Michael Simkin, Esq. Most California commercial leasing transactions use one of the AIR CRE Commercial Leases (“AIR Forms”) or the CAR Commercial Lease form (“CAR Form”).  The AIR Forms are very inclusive at 20+ pages, are balanced for the landlord and tenant, but may not be the right choice for every commercial lease.  The CAR Form is user friendly at 6 pages, but only covers the basics.  The AIR CRE forms have specific leases for office, single, multi-tenant, ground… Read more

By Victor Rocha, Esq. On October 5, 2020, Governor Gavin Newsom nominated Justice Martin Jenkins (Ret.) to serve on the California Supreme Court. If confirmed, Justice Jenkins would be the first openly gay Justice, and only the third African American man, to serve in the 170 year old history of the California Supreme Court. In a video statement, Gov. Newsom said, "Of the duties granted to governors by our State Constitution, few are more consequential than nominating a new justice… Read more

By Elizabeth A. Blair, Esq. Dear Real Property Law Section Members, As we embark on the 2020-2021 California Lawyers Association year, we are facing new and unexpected challenges and obstacles, as well as opportunities and successes.  The COVID-19 pandemic allowed us to connect to one another in ways we would not have expected and to maintain business operations from remote locations, turning our homes into both offices and schools.  I want to say a special thank you to Steven DeLateur… Read more