Real Property Law Section

The California Court of Appeals for the Fifth Appellate District recently reversed a trial court’s decision under the California Code of Civil Procedure section 473 to set aside a default and a judgment quieting title. However, the Court also held that the judgment quieting title was erroneous as a matter of law. Read more

The Real Property Law Section of the California Lawyers Association has organized Practice Area Committees (PACs) to focus on specific areas of real property law. Each month, E-News will highlight a different PAC. Read more

In response to all of the kind and encouraging words I have received from members of the CLA-RPLS over the past month, I want to thank each of you for your encouragement and let you know that it is my honor to take on this new responsibility. I hope that I can come close to filling J.R.’s shoes in the future, and know that, with the continuing assistance of our talented members, the e-news will continue to be a source of useful and timely information to us all. Read more

Don’t be the test case in this evolving area of law! Learn about current litigation and pending legislation impacting the licensing and regulatory agencies, such as the distinctions between Hemp and Cannabis products, “delivery” across local jurisdictional boundaries, the interaction between state regulations and local ordinances, enhanced civil penalties for unlicensed or under licensed activities, and much more. Read more

The panel will discuss the continued impacts of COVID on the construction industry and related California and federal legislation. Read more

Monthly podcast with Ashley Peterson, Neil Kalin, and Frantz Farreau which includes a guest interview, discussions of real property hot topics and new cases, and announcement of upcoming Real Property Law Section events that you don’t want to miss. This month’s guest is David Fu, who was Chair of the Real Property Law Section what seems like eons ago, and who served on the State Judicial Nomination and Evaluation Commission and now serves on the Judicial Council in addition to having an active real estate law practice. Read more

Since the Passage of Propositions 215 and 64, there has been a myriad of new laws and regulations passed relating to Cannabis. Read more

The Court of Appeal affirmed the trial court's order denying a petition for writ of mandate challenging respondent's adoption of a mitigated negative declaration regarding a project to replace an existing bridge. The Court of Appeal held that petitioners' framing of the fair argument test in terms of the project having "potentially significant impacts on resident safety and emergency evacuation" was erroneous. Read more

Ownership of real property comes with a bundle of rights. One of those rights, the ability to exclude others, is now on the forefront. It has been raised again by the United States Supreme Court in the case published on June 23, 2021: Cedar Point Nursery v. Hassid, No. 20-107 (S. Ct. June 23, 2021) . This decision is a major victory for property owners, particularly as it relates to access. It begins to answer the question, can a public agency regulate private property rights? Read more

It is my pleasure to announce the new E-News editor, Kyle Yaege. CLA RPLS E-News is being left in truly capable hands. Read more