California Lawyers Association

Real Property Law Section

Updates and events from the Real Property Law Section

 Real Property Law Section monthly discussion of new real property cases, a guest interview, and announcement of upcoming RPLS events.  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
Be a sponsor for the the 2024 Real Property Retreat! Read more
I recently attended the California Lawyers Association (CLA) Real Property Law Section’s “Hot August Nights” event, held at the Loma Club in Liberty Station and co-hosted by the Veterans Association of Real Estate Professionals (VAREP) San Diego Chapter and San Diego County Bar Association’s Real Property Law Section. It brought together professionals from the legal, real estate, and veterans’ communities in a fun and engaging atmosphere. I retired from the U.S. Navy this summer and recently started my first year at California Western School of Law. The event was an excellent opportunity to bridge my former profession with the one I am now entering.  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
Preservation Action Council of San Jose v. City of San Jose (2023) _ Cal.App.5th _ , 2023 WL 3365082” The Court of Appeal affirmed the trial court’s order denying a petition for writ of mandate seeking to overturn respondent’s approval of certification of a final supplemental environmental impact report (Final SEIR) for a proposed development of three, high-rise office towers as part of the City View Plaza Office Project sitting on an eight-acre site containing several historic structures in downtown San Jose. Conducting a de novo review, the Court of Appeal concluded that the Final SEIR adequately discussed mitigation for the unavoidable loss of significant historic resources and complied with the California Environmental Quality Act. (C.A. 6th, filed April 18, 2023, published May 10, 2023.) Read more
For the last few years we speak a lot about automating certain task, whether by necessity (to remain competitive and save human resources) or to achieve higher goals. Read more

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