Real Property eNews

Lew-Williams v. Petrosian (2024) _ Cal.App.5th _ , 2024 WL 1404151: The Court of Appeal reversed the trial court’s order dismissing plaintiffs’ action, without prejudice, for failure to prosecute the case in arbitration after the trial court had granted a motion to compel arbitration. In April of 2020 plaintiffs filed their complaint alleging numerous causes of action, including conspiracy to convert and embezzle funds, financial elder abuse, and declaratory relief, breach of contract, negligence, bad faith, and unfair business practices. In July 2021, the trial court granted Read more

All legal writing is persuasive writing. Whether drafting a lawsuit, communicating with opposing counsel, or discussing strategies with a client, a lawyer’s writing must convince someone of something. A lawyer’s tools are the words, phrases, and sentence structure used to persuade a reader to reach the desired conclusion.   Read more

California Assembly Bill 2097 (AB 2097), signed by Governor Gavin Newsom on September 22, 2022, is a California state law that prohibits a public agency from imposing or enforcing any minimum automobile parking requirement on a residential, commercial or other development project located within one-half mile of a major transit stop. Read more

Before the owners receive the proceeds from a partition sale, costs and expenses related to the partition action must be paid. Code of Civil Procedure section 873.820 sets forth the order that these expenses and costs must paid before the owners receive their proportional interest in the remaining proceeds. Specifically, it states that the proceeds must be distributed in this order: Read more

Colyear v. Rolling Hills Community Assn. of Rancho Palos Verdes (2024) _ Cal.App.5th _ , 2024 WL 884814: The Court of Appeal affirmed in part, and reversed in part, the trial court’s judgment following a bench trial regarding plaintiff’s action to enjoin defendants (the homeowners association Read more

Beyond content, effective writing has a physical aspect: proper paragraphing. Paragraphing, which includes spacing and length, is a visual tool to understand your written argument. Similar to how intonation and volume emphasize points in verbal speech, breaks and lengths in paragraphs emphasize the pacing and flow of written words. Read more

By: J.J. Sherman, Law Offices of J.J. Sherman, P.C. and Myaysa Evans, St. John’s University School of Law Many property owners choose to forego traditional leases for short-term rentals, opting instead for license agreements. But what exactly is the difference, and how does it impact legal rights? A recent California Court of Appeal case, Castaic Studios LLC v. Wonderland Studios (2023)[1], sheds light on this issue. Leases vs. Licenses: Understanding the Distinction Leases and licenses are both legal agreements that… Read more

Commercial lease negotiations require a keen understanding of the local real estate market, legal implications, and the specific needs of clients. This article provides guidance on preliminary issues tenant-counsel should consider before commencing the markup of a commercial lease. By understanding the key players involved, conducting thorough due diligence, and aligning with the client's business objectives, counsel can achieve a more favorable outcome for their clients. Read more

The 2024 Real Property Retreat and 9th Annual Women In Commercial Leasing Law Symposium is one of the best events I’ve attended since deciding to go to law school. As a recent graduate, trying to find my bearings has been challenging at times. But the retreat was so inspiring and the people who attended were incredibly kind and willing to help. It felt like every person wanted to guide and mentor me. Everyone greeted me with such warmness and a smile. Read more

Real estate law has many nuances and subtleties. One of the lesser known aspects to real estate law is something known as a “restraint on alienation.” At its most basic, a restraint on alienation limits the sale or transfer of interests in real property. Read more