Real Property eNews

In Volume 3/4 for Fall 2017 of the Real Property Journal, I wrote an article on the Doctrine of Implied Dedication to a Public Use for Roadways Recreational Use in California as enunciated in the California Supreme Court decision of Scher v. Burke, , 3 Cal. 5th 136 (2017) modified, reh’g denied. In Scher the California Supreme Court concluded that the higher standard established by Civil Code § 1009 adopted by the California legislature in 1972 for establishing an implied dedication by public use applied to dedications to roadways as well as recreational properties. Read more

Great topics like complex mixed use infill development projects. This panel will focus primarily on the Truckee Railyard Project, which is transforming an industrial railroad site into a blossoming downtown area with new businesses and affordable housing units. Another panel discussed Opportunity Zone investing, a community investment tool recently created under the Investing in Opportunity Act (as part of the Tax Cuts and Jobs Act passed in late 2017) to stimulate long-term private investment, job creation and economic development in certain designated low-income communities. Read more

Jose Mendoza So you have been a member and now advisor of the real property law section executive committee for 10 years…tell me about some of the changes you have seen in the group?One of the fundamental goals of the RPLS is to draw from diverse constituencies including, but not limited to geographic location, racial and ethnic diversity, practice type, district representation, and gender and sexual orientation. The current composition of the ExCom now consists of more younger and racially… Read more

The Real Property Law Section would like to welcome new wonderful staffers! Read more

Real estate transactions in today’s world often involve the wiring or electronic funds transfer (EFT) of money to complete a deal. Previous consumer alerts have referenced or covered wire fraud in timeshare transactions and fraud against seniors. Read more

This piece was originally titled “Tips for Solo Survival”. But mere survival is not really a viable long-term option for most attorneys. You will tire of the struggle to make ends meet and the demands on your time without acceptable corresponding financial reward, and eventually move onto something different. The goal is to succeed professionally, financially, and personally. Here are some tips from a long-time solo trial attorney to help make that happen! Read more

For years, mortgage lenders defended TILA rescission actions by arguing that the notice of rescission or action was untimely and/or barred by applicable statute of limitation. In 2015, the U.S. Supreme Court dealt lender’s efforts a severe blow when it held that the notice of rescission could be issued at any time within three (3) years after the loan closed, not file suit to rescind within three years, as the industry had argued (Jesinoski v. Countrywide Home Loans, Inc., 135 S. Ct. 790 (2015). Just recently on December 6, 2018, the Ninth Circuit issued an opinion that further weakened the lenders’ position (Hoang v. Bank of America, N.A., F.3d , Case No. 17-35993, 2018 WL 6367268 (9th Cir. 2018)). Specifically, the Ninth Circuit expanded the time for a borrower to sue to enforce rescission of a loan if a lender fails to wind up the loan after a notice of rescission. Read more

Real Property January 2019 eNews
I want to welcome Ona Dosumnu, the new Executive Director of the CLA, who Roland Brandel has said is a superlative and proven leader. We are really excited to have you on board. Ona, you are going through couple of moves here in the last few months? How is the personal move going?
Thanks, J.R. I’ve settled into my new home nicely and am really enjoying Sacramento so far. Thanks to Amazon Prime, I had everything I needed to be comfortable in my apartment already delivered when I got there. Read more