California Lawyers Association

Real Property Law Section

Updates and events from the Real Property Law Section

Topics: Challenge to eviction moratorium; Notice to employees about COVID in the workplace; Successor property owner right to file unlawful detainer based on prior owner’s notice; Damages for damage to neighbor’s tree. Read more
Nuts and bolts how to evict commercial and residential tenants in 2021. Review of the forms, laws, and strategy to win, defend or settle a Covid-19 era unlawful detainer action. Learn the secrets how to represent your client from a lawyer with over 31 years of landlord tenant experience. The laws are new, the stakes are high, learn how to do it right. Read more
Join the RPLS Health & Wellness Committee on February 6 at 10am for a live 1 hour zoom yoga vinyasa class. This class is open to all experience levels from beginners to advanced. Start your weekend off right with some breath to movement with yoga instructor Kelli Corder. Read more
As lawyers, our zealous advocacy often means we overstep our boundaries to help our clients. We want to deliver high quality representation to exceed the needs of our clients. Read more
2020 was a terrible year for California property owners affected by the worst wildfires in our history and the devastating consequences of Covid-19. In November, voters narrowly approved an Amendment to our State Constitution (and narrowly defeated another) that dramatically carves back the protections of Propositions 58 & 193 for family property transfers, and whose profound consequences have not yet begun to be felt. Read more
The Court of Appeal affirmed in part, and reversed in part, the trial court's order denying a homeowner's writ petition seeking to overturn respondent's cease and desist order requiring the removal of a seawall built in violation of a Coastal Development Permit, and granting the petition to reverse a $1 million administrative penalty imposed for the violation. Read more
Covid-19 Rights Informational Notices for AB3088 enacted August 31, 2020 Read more
Last fall’s AB3088 gave us many new rules and forms to serve concerning how much residential rent a tenant must pay, what a landlord can charge, and when evictions can occur. While AB3088 is set to change on February 1, 2021, pending are AB 15 extending AB3088 to December 31, 2021 and Senate bill 3 extending AB3088 through March 31, 2021 which will mostly extend the current rules. Commercial eviction rules are not impacted by AB3088. The below interactive guide with downloadable forms will give you an idea of what you need to keep in mind, which forms to use to terminate a tenancy and links to the new judicial council unlawful detainer forms. Read more
The formula stated in the November 2020 e-News for parent-child or grandparent-grandchild transfers for a property whose new assessed value is more than $1,000,000 over the parents/grandparents taxable value was misstated. Read more
Most importantly, why is this even a question when nearly all deeds of trust in California contain a power of sale clause that allow lenders to foreclose on the deed of trust without having to file a lawsuit? First and foremost, a lawsuit against the borrower may be necessary if the lender wants to seek a deficiency judgment (which cannot be sought after nonjudicial foreclosures). Also, a foreclosing lender may need to file an action against holders of inferior liens to extinguish them such as in the recent case of Robin v. Crowell (2020) 55 Cal.App.5th 727. Read more

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