Real Property Law Section

As more and more commercial tenants stop paying rent under their leases due to the impacts of COVID-19, much has been written in recent weeks about possible defenses to performance such as force majeure, frustration of purpose, and impossibility. Read more

The California Lawyers Association (“CLA”) held its Second Annual Legislative Day in Sacramento on March 4, 2020. It was a well-attended event and included CLA leadership, Executive Committee Members of the various sections of the CLA, members of the bar, and various individuals representing different organizations. Read more

Huang v. Wells Fargo Bank, N.A. (2020) _ Cal.App.5th _ , 2020 WL 2059951: The Court of Appeal reversed the trial court's order granting defendant's summary judgment on the basis of the statute of limitations. Read more

During the hour long webinar, we will discuss effective strategies for online business development and provide an understanding of best practices in social media and web-based marketing during COVID-19 and beyond. Read more

In an effort to maintain housing affordability, and to further prevent displacement of tenants, eviction control and rent control took effect throughout the State of California on January 1, 2020. This course will cover the new statewide legislation and discuss its impacts on landlord-tenant relationships. Read more

This program will review the current landscape including: Analysis of varying local eviction moratoriums including San Diego, Los Angeles, San Francisco and Oakland; a review of Court closures and emergency rules in response to the COVID-19 pandemic both locally and from the Chief Justice of California; and practical pointers for real property litigators who represent landlords and tenants during the ongoing state of emergency. Read more

County of Humboldt v. App. Div. (2020) _ Cal.App.5th _ , 2020 WL 1164262: The Court of Appeal granted a writ petition directing respondent to vacate its earlier order dismissing petitioner's appeal and to issue a new order transferring the case to the Court of Appeal for further proceedings. Read more

The California Association of Realtors Residential Purchase Agreement does not have a force majeure provision in the contract, so a buyer or seller wishing to cancel or delay should review their signed escrow instructions for further guidance. They should not rely on their brokers in giving them any legal advice, because the finding of whether a contract could be breached will depend on the facts and law of each individual case and on the judge who hears it. Read more

The global Coronavirus (COVID-19) pandemic is forcing the world to change its daily practices and the impact was felt almost immediately in the California landlord-tenant arena. As governments scramble to protect citizens, the state issued a moratorium on certain evictions in an effort to help residential tenants remain in their homes and small commercial businesses stay afloat. Read more

The COVID-19 pandemic and the United States’ efforts to “flatten the curve” and slow the spread of the disease present considerable issues for commercial tenants and landlords. Read more