Real Property Law Section
News From the Section
- Webinar: Airbnb: Financial Opportunity or Legal Nightmare?, Wednesday, October 26, 2016, 5:30 p.m. - 7 p.m.
- Northern California Women in Commercial Leasing Law Symposium, Tuesday, November 1, 2016, 11:30 a.m. - 2:30 p.m. in San Francisco
- Climate Disruption and Sea Level Rise: Legal Issues for Coastal Land Use in California, November 16, 2016
- Save the Date: Constitutional Symposium in December
Recent Legal Developments
Webinar: Airbnb: Financial Opportunity or Legal Nightmare?
Wednesday, October 26, 2016, 5:30 p.m. - 7 p.m.
This program offers 1.5 hours of participatory MCLE credit. You must register in advance to participate.
Ninety minute in-depth discussion of Airbnb and various short term rental hosting sites and the current financial aspects and legal issues created for homeowners, homeowner associations, landlords and tenants in California. Content will cover financial benefits to hosts, various City regulations being implemented across the State of California regarding short term rentals, homeowner association enforcement and restriction of short term rentals against homeowners, landlord and tenant issues created by short term rentals, and liability issues facing homeowners in acting as a host.
Moderator: Ashley Peterson
- Lynette Braun
- David Kline
- Omar Nassar
Northern California Women in Commercial Leasing Law Symposium
Tuesday, November 1, 2016
11:30 a.m. – 2:30 p.m.
The State Bar of California
180 Howard Street
Join us for the Second Annual Northern California Women in Commercial Leasing Law Symposium. Spotlight on: Women Retail Leasing Lawyers – Hot Topics in Retail Leasing. Lunch will be included.
You can now REGISTER ONLINE for this program. For complete program details, see Northern California Women in Commercial Leasing Law Symposium.
Climate Disruption and Sea Level Rise: Legal Issues for Coastal Land Use in California
Wednesday, November 16, 2016
Registration and Networking Lunch: 11:30 p.m. -12 noon, MCLE: 12 noon - 1:30 p.m.
Location: San Diego County Bar Association, Conference Center, 401 West A Street, Suite 120, San Diego, CA 92101
Earn 1.5 hours MCLE credit. You can REGISTER ONLINE for this program.
Sea level rise is projected to accelerate in coming decades as climate change warms the oceans (causing them to expand) and increases the melting of ice and snow. Higher sea level will exacerbate storm damage to coastal property, increase saltwater intrusion into coastal ground water basins, and literally shift the mean high tide mark—a key boundary between public and private coastal property interests—inland in many areas. These shifts will increase legal conflict along California’s coast. This MCLE outlines the key legal doctrines under common law, the Public Trust Doctrine, and the California Coastal Act that will frame litigation and policy responses to the impact of ongoing sea level rise.
- Tim Duane, Visiting Professor of Law (University of San Diego) and Professor of Environmental Studies (University of California, Santa Cruz)
Chris Pederson, Chief Counsel, California Coastal Commission
Jeannette MacMillan, Legal Counsel, California Coastal Conservancy
Carolyn Ginno, Senior Water Resources Specialist (City of San Diego) and law student (University of San Diego)
Click here for more details on Climate Disruption and Sea Level Rise: Legal Issues for Coastal Land Use in California
Save the Date: Constitutional Symposium in December
December 1, 2016, 1 p.m. – 5 p.m.
UC Irvine University Club
801 East Peltason Drive
Join us for an exciting program, including a keynote by Dean Erwin Chemerinksy. Networking Reception to follow.
Recent Legal Developments
California Legislative Update - New Laws Affecting Builders and Contractors
August marks the return to school and bill signing season for California Governor Jerry Brown. In the past month – and like he does every August and September – Governor Brown signed well over one hundred pieces of legislation. As for how all that legislation affects builders and contractors, three bills jumped out at us [courtesy of the Haight law firm].
SB 465 - Studying Construction Defect Settlements – The Berkeley Balcony Bill
With a vote of 37-0 in the state Senate and a 74-0 vote in the state Assembly, state lawmakers approved legislation and sent a bill to Governor Brown on September 7th that increases oversight of contractors and studies whether settlements (among other things) of construction defect suits should be reported to the Contractors State License Board (CSLB). The bill is a direct response to the June 2015 balcony collapse in Berkeley that killed six people. The bill was sponsored by Senators Jerry Hill, D-San Mateo, and Loni Hancock, D-Oakland. Governor Brown signed the legislation on September 15th and issued a press release. “This bill is an important step toward preventing another tragedy,” said Governor Brown. “SB 465 helps ensure regulators have access to critical information about contractors, including any work-related criminal convictions, and requires a working group to recommend potential statutory changes to the California Building Standards Code.”
Current Real Property Tweets From CEB
Hjelm v. Prometheus Real Estate Group, Inc. (First Dist., Div. Two, 10/5/16) [Real Property]
Jury verdict and attorney fees award based on bedbugs and ongoing raw sewage problems affirmed.
LSREF2 Clover Property 4, LLC v. Festival Retail Fund 1, LP (Second Dist., Div. Two, 10/4/16) [Banking Law, Real Property, Surety Law]
Sham guaranty defense did not apply; loan guarantor not entitled to protections of antideficiency law.
Kalnel Gardens, LLC v. City of Los Angeles (Second Dist., Div. Eight, 9/29/16) [Environmental Law, Real Property]
Cal. Coastal Act has precedence over local statutes giving density and height bonuses for affordable housing.
Selected Developments in Real Property Law—Real Property Sales Transactions
Courtesy of CEB, we are bringing you selected legal developments in areas of California real property law that are covered by CEB’s publications. This month’s feature is from the October 2016 update to Condemnation Practice in California (3d ed Cal CEB). References are to the book’s section numbers. See CEB’s RPLS landing page for special discounts for section members.
October 2016 Update
This update addresses the most significant statutory and regulatory changes since the previous update was published. Among the most significant recent developments are the following:
In the inverse condemnation case of Pacific Shores Prop. Owners Ass'n v Department of Fish & Wildlife (2016) 244 CA4th 12, the court denied attorney fees calculated according to the hourly rate of the attorney for the hours actually expended (more than $556,000), as opposed to the contingency fee amount the plaintiffs actually paid ($45,800). Applying the "actually incurred" language of CCP §1036, the court found no basis to award more than the contingency fee computed on a relatively small monetary award. In this case, the Department of Fish & Wildlife was strictly liable for flood damages, but the Coastal Commission had no liability for pre-condemnation damages. See §§1.10, 1.19, 4.8, 10.36. 13.3B, 14.5, 14.6, 14.15, 17.4, 17.15. Read More
The 2017 California Real Property Journal Law Student Writing Competition Is Accepting Papers!
Full details about the 2017 California Real Property Journal Law Student Writing Competition are now posted online. The deadline for submissions is January 20, 2017. The prize includes a complimentary one-year subscription to the CEB Real Property OnLAW Library, a $500 cash stipend, and having the winning article published in the Journal.
Congratulations to Joseph Lewis of the
University of San Francisco School of Law! He's the winner of the the 2016 California Real Property Journal Law Student Writing Competition! Mr. Lewis' article,
Can a Rent-Controlled Lease Be Exempted from a Bankruptcy Estate?, will appear in a future edition of the California Real Property Journal.
See Writing Competition for more information.
Our Own E-Bulletin Cartoonist, Scott Miller!
We are delighted to publish legal cartoons from one of our own -- Scott Miller.
Scott is Of Counsel to Dudnick Detwiler Rivin & Stikker LLP in San Francisco.
His practice focuses on commercial real estate and environmental law. Check
out http://www.blurb.com/bookstore/detail/2646318 to order Scott's book on real
estate cartoons, entitled A New Lease on Life. If you have any
suggested topics for Scott, please feel free to contact him at firstname.lastname@example.org,
and who knows? You might get your idea immortalized in the next E-Bulletin!
© 2016 Scott H. Miller
Thank You for Being a Section Member - Here's 6 Hours MCLE in Legal Ethics!
We're very grateful for your membership in the Section. As a token of that, we're offering six hours of self-study MCLE credit in the area of Legal Ethics. The programs are posted in our Member's Only Area.
Simply watch the programs and read the accompanying materials, and keep track of having done so. You can report this to the State Bar when it's time to demonstrate your compliance with the MCLE requirements.
The Real Property Law Section Is Now on Facebook and Twitter
We're pleased to announce that the Real Property Law Section has its own social media presence now. Please like us on Facebook and follow us on Twitter. We're looking forward to interacting with a wider community and reaching out to people who are not currently members.
Save Money with CEB
Continuing Education of the Bar, California (CEB) is extending some special discount offers to our section. As a member of the Real Property Law Section, you're eligible for:
- 10% off selected CEB print or online books
- A rebate on your section dues that can be applied to the cost of a CEB Gold CLE Passport or a CLE program ticket
A complete list of the products eligible for a discount is available on a CEB web page accessible through our Members Only Area. Information about the section dues rebate program can be found on the CEB Web site.
Real Property Law Section
The State Bar of California
180 Howard Street
San Francisco, CA 94105-1639
The Real Property Law Section is a State Bar of California-approved MCLE provider.