Real Property eNews

This is a continuation of our ongoing series on the Complete Guide to the Partition of Real Property Act. For complete comprehension, read more on it here, here, and here. Read more

I organized the panel, along with Mike Davis of the Business Law Section Executive Committee.  I started the wheels in motion in January 2023 after receiving positive feedback from the Real Property Section Executive Committee.  I have some experience working on stalking horse sales with bankruptcy counsel, so I understand the crucial partnership between the two areas of law and practitioners to create a successful client outcome. Read more

By: Monty 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,… Read more

Generally, when a trial court orders an interlocutory judgment directing a partition by sale, it can appoint a referee to conduct the sale (CCP § 873.010). However, when a party to the partition feels that they have been aggrieved by the actions of this court-appointed referee, they may bring an action against them. Read more

Fitness International v. KB Salt Lake III (2023) _ Cal.App.5th _ , 2023 WL 6230746: The Court of Appeal affirmed the trial court’s order granting plaintiff’s motion for summary judgment in a commercial unlawful detainer action. Read more

I am grateful and humbled to be the 2023-2024 chair of the California Lawyers Association Real Property Law Section. Read more

Olen Properties Corp. v. City of Newport Beach (2023) _ Cal.App.5th _ , 2023 WL 4399077: The Court of Appeal affirmed the trial court’s order denying a writ petition seeking to overturn respondent’s approval of a project to develop a five-story, 312-unit residential housing project. Respondent, in an effort to comply with the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.; CEQA), obtained an addendum (the Addendum) to an existing environmental impact report prepared in 2006 (the 2006 EIR) as part of its general plan update. The Addendum considered a wide range of possible environmental impacts but concluded the Project’s impacts “would either be the same or not substantially greater than those described by the [2006 EIR].” This finding enabled respondent to approve the Project without preparing a new environmental impact report (EIR). The trial court, and the Court of Appeal, rejected petitioner’s arguments that Read more

On August 9, 2023, Pamela Scholefield, Esq. presented a webinar in association with the Real Property Law Section titled "Clarifying the Contractors State License Law."  That presentation is available here for "participatory" CLE credit in the Real Property Law Section education library.   In an effort to raise awareness of the webinar the Real Property Law Section E-News editorial staff conducted a brief interview with Ms. Scholefield about the presentation and the contractors license law topic more generally.  Read more

Monty A. McIntyre, Esq. publishes California Case Summaries™, which provides one-paragraph summaries, that can be read in 2 minutes and are organized by legal topic, of every new civil case published in California. Monty’s publication makes it quick and easy for California lawyers to know the new cases in their practice areas, and apply that knowledge to work up their cases better, make better arguments, get bigger settlements, and win more summary judgments and trials to make more money. Read more

The purpose of this article is to introduce the concept of the Bona Fide Purchaser (“BFP”), types of notice, and common arguments to overcome a BFP defense. It will focus on the requirements to obtain BFP status, specifically regarding notice. Additionally, it will address inquiry and implied notice, rarely used arguments, that can result in a denial of BFP status and loss of priority interest in a property. The article will also provide tips on what to look for in a property dispute to help overcome the BFP defense. Read more