Real Property eNews

Save the date for the “Commercial RES” program later this year: Thursday, September 26, 2019 in Los Angeles! Read more

Save the date for the “Residential RES” program later this year: Friday, September 13, 2019 in San Diego. Read more

OVERVIEW. The 2020 Real Property Law Section’s 39th Annual Spring Conference (formerly the RPLS Annual Retreat) is California’s preeminent statewide conference for real estate attorneys. During the Spring Conference, real estate attorneys and professionals attend educational programming and networking events. These educational courses feature panel discussions on all aspects of real estate law from “nuts and bolts” to “year in review” and ethics as well as more advanced sessions on specific real estate practice areas (e.g., land use, leasing, purchase and sale, joint ventures, finance, etc.). The Spring Conference also allows for more general discussions on important cutting-edge legal topics. Read more

On June 20 and 21, I had the honor of attending the California Lawyers Association Board of Directors meeting in San Diego on behalf of the Real Property Law Section. For one and a half days, the section leaders of the CLA met to discuss and approve the various issues that face our state-wide organization. What an impressive group! Read more

On June 20 and 21, I attended the California Lawyers Association Board of Directors meeting in San Diego. For one and a half days, the section leaders of the CLA met to discuss and approve the various issues that face our state-wide organization. What an impressive group! Read more

Corporations: Longview Internat., Inc. v. Stirling (2019) _ Cal.App.5th _ , 2019 WL 2314881: The Court of Appeal affirmed the trial court's order denying defendant's motion to expunge a judgment lien on real property. Although the plaintiff/judgment creditor corporation was suspended when the lien was created, the recording of the abstract of judgment was a procedural act that was retroactively validated once a suspended corporation's powers were reinstated. (C.A. 6th, May 31, 2019.) Read more

In Ryan v Real of the Pacific, (2019) 32 Cal.App.5th 637, 244 Cal.Rptr.3d 129, filed on February 26 of this year, the California Court of Appeal for the Fourth Appellate District held that expert witness testimony is not required in order to establish a claim that a broker breached its duty to its client, the seller, by not disclosing to the seller a known material fact affecting the value of the property. Read more

By Douglas Borchert Douglas Borchert This new currently unpublished case addresses a subject that the author of this note discussed in the Claims Awareness Hot Sheet of the California Land Title Association in Volume 26, Number 2 of February 2016 in an Article entitled “Title Insurance and the Concept of Marketable or Merchantable Title.” http://www.hhlawgroup.com/_content/PDF/2016_January.pdf.In that article I noted that confusion arises because the term marketable has a completely different meaning in the title insurance context than it does it… Read more

Taniguchi v. Restoration Homes (2019)_ Cal.App.5th _ , 2019 WL 1923068: The Court of Appeal reversed the trial court's order granting defendant's motion for summary judgment in an action alleging defendant violated Civil Code section 2924c. The Court of Appeal ruled that, to cure a default and reinstate the loan under section 2924c, the borrowers need not pay the amount of an earlier default on the original loan (which had been deferred under a loan modification to the end of the loan term). They are only required to pay the missed modified monthly payments that caused a default on the modified loan. (C.A. 1st, April 30, 2019.) Read more

One of the most interesting things about going to events like the CLA RPLS is not only seeing old friends but making new ones. I thought I would share some of my experience by and through business cards I received during the event. Read more