Real Property eNews

While the effects of the COVID-19 health crisis have impacted daily life for months, the legal implications of this pandemic are just starting to develop. Unforeseen conditions often wreak havoc on existing contractual relationships, which are typically based on factual assumptions that, due to unexpected conditions like COVID-19, may no longer be appropriate. Read more

On August 31, 2020, Governor Gavin Newsom signed AB 3088 into law. With the Judicial Council’s eviction ban ending on September 1, 2020, AB 3088 prohibits evictions based on nonpayment of rent for periods after March 1, 2020. Read more

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 with the new case law in their practice areas. Read more

In 1950, one property owner (grantor) agreed to allow a neighbor (the recipient) the right to use the grantor’s property for 8 parking spaces. The recipient needed the spaces to get a permit to build a warehouse on the recipient’s property. The grantor did not give the recipient an easement, but rather provided a license to the neighbor. And the license was not recorded but instead filed away, in the form of a notarized statement, with the city Building Department. Read more

I graduated from law school in 2017 and began working at a law firm in Orange County soon after—hello, real world! While I was gaining great experience at the law firm, I knew I wanted to re-locate to San Diego and I was honored to be hired when an in-house opportunity presented itself. Read more

When representing clients in real estate transactions in California, real estate attorneys regularly come across many different types of purchase and sale agreements, including standardized contracts published by certain organizations. Read more

On August 13, 2020, the Judicial Council of California voted 19-1 to end Emergency Rules 1 and 2. Emergency Rule 1 prohibited the courts from issuing a summons or entering a default in unlawful detainer eviction actions unless the case involved public health or safety issues. It also required that unlawful detainer trials be set 60 days after a request for trial (as opposed to the 20 day rule under Civil Procedure Section 1170.5). Read more

Golden Door Properties, LLC v. County of San Diego (2020) _ Cal.App.5th _ , 2020 WL 3119041: The Court of Appeal affirmed in part and reversed in part the trial court's order approving a writ of mandate and requiring respondent to vacate its approvals of the Climate Action Plan (CAP) and Guidelines for Determining Significance of Climate Change (Guidelines) ... Read more

Unlike the Great Recession in 2008, landlords and tenants responding to the negative economic impact of the COVID-19 health crisis appear to be focusing more on rent relief as opposed to strict interpretation and enforcement. Read more

Landlords and property managers have massive amounts of guidance materials available to them as they prepare to reopen their properties. These materials detail many different things a property owner can do. In the face of this, the question being asked by many owners is: what are they actually required to do, what is their legal duty? Read more