Real Property eNews

By: J.J. Sherman, Law Offices of J.J. Sherman, P.C. and Jessie Staley, St. John’s University School of Law Below are some items to consider when negotiating the “Hazardous Materials” section in a commercial lease on behalf of either the landlord or the tenant.1 What are Hazardous Materials? Hazardous materials – also referred to in leases and this article as “hazardous substances” - generally include designated substances under federal and state environmental laws and substances that may not be classified under… Read more

By:  Monty A. McIntyre, Esq. Monty A. McIntyre, Esq.Helping Attorneys Get Excellent Results Publisher: California Case Summaries™:California Case Summaries™: the fast and easy way to always know the new cases in your practice areas to get a competitive advantage and win more cases.  Mediator, Arbitrator & Referee at ADR Services, Inc.:Business, employment, insurance, probate, real property and torts cases. To schedule, contact one of Monty’s case managers Haward Cho, haward@adrservices.com, (213) 683-1600, or Rachael Boughan, rboughan@adrservices.com, (619) 233-1323.  Trial Mentoring™:  Trial training and preparation. Email Monty at: monty@montymcintyre.com.… Read more

By:  Monty A. McIntyre, Esq.Monty A. McIntyre, Esq.Helping Attorneys Get Excellent ResultsPublisher: California Case Summaries™:California Case Summaries™: the fast and easy way to always know the new cases in your practice areas to competitive advantage and win more cases.  Mediator, Arbitrator & Referee at ADR Services, Inc.:Business, employment, insurance, probate, real property and torts cases. To schedule, contact one of Monty’s case managers Haward Cho, haward@adrservices.com, (213) 683-1600, or Rachael Boughan, rboughan@adrservices.com, (619) 233-1323.  Master Lawyer Mentoring™:  Trial training and preparation. For more information, call Monty… Read more

By Underwood Law Firm An Assembly bill applying to decedents’ estates was finalized on August 29, 2024. The bill will amend six sections of the Probate Code (Cal. Prob. Code § 13100-13101, 13150-13152, 13154) and repeal one section (Prob. Code § 13158). This is significant because it impacts how successors of decedents can manage a decedent’s real property. Specifically, this means real property in estates valued over $750,000, or that was not the primary residence, can no longer take advantage of… Read more

August 2024 By Underwood Law Firm The purpose of this article is to explain how a partition action could be brought in federal court. While it is possible to bring a partition action in a federal court, because of how state-specific partition statutes are, partition matters are usually handled in state courts. Generally, partition actions are governed by state statutes. Also, a claim for partition is usually resolved by equitable remedies, meaning the court follows equitable principles. (Elbert, Ltd. v. Federated Income… Read more

August 2024 Monty A. McIntyre, Esq.Helping Attorneys Get Excellent Results Publisher: California Case Summaries™:Monty publishes California Case Summaries™, with one-paragraph summaries, organized by legal topic, of every new civil case published each month, quarter and year in California, giving subscribers a competitive advantage and excellent results.Mediator, Arbitrator & Referee at ADR Services, Inc.:Monty handles matters in the areas of business, employment, insurance (bad faith, coverage, UIM), probate (trusts and estates), real property and torts (elder abuse, medical malpractice, personal injury, product liability and… Read more

The purpose of this blog post is to discuss who must be named in a partition lawsuit. It is important to name all the necessary parties so that the Court can properly issue a judgment at the conclusion of the partition action. As partition lawsuits involve rights to property, it is pretty obvious that the owners of the property and the mortgage broker should be joined. But the question becomes more difficult as the interests become less connected, like easement holders or other persons who have liens against the individual owners. As such, this article aims to provide clarity on the process.  Read more

Make UC a Good Neighbor v. The Regents of the University of Cal. (2024) _ Cal.5th _ , 2024 WL 2855736: The California Supreme Court reversed the Court of Appeal’s decision that had concluded that defendant’s approval of an environmental impact report (EIR) for a proposed housing project to be built on a site called People’s Park near the UC Berkeley campus, violated the California Environmental Quality Act (CEQA) because the EIR failed to consider the environmental impacts caused by “student-generated noise” such as “vocal noise from house parties and from late-night pedestrians,” and the EIR failed to adequately consider alternatives to the People’s Park location. After the Court of Appeal decision, the Legislature passed Assembly Bill No. 1307 (2023–2024 Reg. Sess.) (Assembly Bill 1307) as urgency legislation, effective immediately, which added sections 21085 and 21085.2 to the Public Resources Code. The new law provides that: (1) the effects of noise generated by project occupants and their guests on human beings is not a significant effect on the environment for residential projects for purposes of CEQA; and (2) institutions of public higher education, in an EIR for a residential or mixed-use housing project, are not required to consider alternatives to the location of the proposed project if certain requirements are met. Based upon this new law, the California Supreme Court concluded that none of plaintiff’s claims had merit and it reversed the Court of Appeal’s judgment. The new law applied to both the People’s Park housing project and the development plan, and the EIR was not inadequate for having failed to study the potential noisiness of future UC Berkeley students in connection with the project. (June 6, 2024.) Read more

The purpose of this article is to discuss the commonly-discussed, but poorly understood, concepts of a “cloud on title.” A “Cloud on title” is an adverse claim, which may look good on its face, but is actually invalid or barred in some way.  Read more

Unique one-paragraph summaries, organized by legal practice, of every new published civil case each month, every quarter, and in early January each year an annual issue is released. These case summaries, offered throughout the year, give subscribers a competitive advantage to win more cases. Read more