Real Property Law Section

The filing of a bankruptcy case “operates as a stay . . . of . . . any act to create, perfect, or enforce any lien against property of the [bankruptcy] estate.” 11 U.S.C. § 362(a)(4) (emphasis added). Read more

Miller v. Dept. of Real Estate (2022) _ Cal.App.5th _ , 2022 WL 9689825: The Court of Appeal affirmed the trial court’s order denying a petition for writ of administrative mandamus seeking to overturn an order issued by an administrative law judge and adopted by respondent, that revoked the real estate licenses of Nijjar Realty Inc. and its broker of record Everet Miller as a result of their violations of the Real Estate Law Read more

Honchariw v. FJM Private Mortgage Fund, LLC (2022) _ Cal.App.5th _ , 2022 WL 4544812: The Court of Appeal reversed the trial court’s order denying claimants’ petition to vacate the arbitration award against them in their action challenging a late-payment provision in their $5.6 million dollar bridge loan with interest of 8.5% per annum, secured by a first lien deed of trust on real property. Read more

It is an honor for me to serve as the Chair of the Real Property Law Section (RPLS) for the 2022-2023 term. Read more

We are pleased to announce some exciting news! The California Lawyers Association (“CLA”) and the Los Angeles County Bar Association (“LACBA”) are joining forces for the fourth consecutive year to host the 2022 Virtual Crocker Commercial Real Estate Symposium! Read more

For those who are not aware, the California insurance market is in crisis. Common Interest Developments (CIDs), most commonly condominiums, are not only paying impossible premiums for property insurance, but some cannot get coverage AT ALL, or not to the full coverage requirement in their Conditions, Covenants and Restrictions (CC&R). This puts the boards of directors in direct violation of their CC&R, and therefore at heightened risk for a claim on their Directors & Officers Liability (D&O) policy (professional liability coverage for the decisions made – and not made – by the association’s board of directors). Read more

Petrolink, Inc. v. Lantel Enterprises (2022) _ Cal.App.5th _ , 2022 WL 2733801: The Court of Appeal affirmed the trial court's order granting defendant's motion to compel performance of the amended judgment. This was a vigorously litigated case involving two appeals before this one. Read more

Join us for this year's virtual Crocker Commercial Real Estate Symposium. Read more

What’s Up With Us! Real Property Law Section monthly podcast-style discussion of real property hot topics, new cases, a guest interview, and announcement of upcoming Real Property Law Section events that you don’t want to miss. Read more

Canyon Vineyard Estates I v. DeJoria (2022) _ Cal.App.5th _ , 2022 WL 1565262: The Court of Appeal affirmed in part, and reversed in part, the trial court's order granting defendants' motion for summary judgment entering a judgment an injunction against plaintiff, and awarding defendant Mountains Restoration Trust (MRT) 1,371,962.20 in attorney fees and $5,424.55 in costs and awarding the California State Attorney General $189,675 in attorney fees and $5,552.88 in costs. Read more