Real Property Law Section

Real Property Law Section From the Section

Upcoming Events

Recent Legal Developments

Section News

Upcoming Events

Overcoming Regulatory Challenges to Development in an Urban Environment

Presented by The State Bar of California Real Property Law Section

Thursday, March 30, 2017
Registration: 11:30-12:00 pm, MCLE:  12:00-1:30 pm (Lunch Included)
San Diego County Bar Association
401 West A Street, Suite 120
San Diego, CA 92101

Earn 1.5 hours of participatory of MCLE credit

We will be offering online registration for this program in the near future. Online registration will close on on March 23, 2017.

Program Description | Essential Information | Register Online (coming soon)

For full information, see Overcoming Regulatory Challenges to Development in an Urban Environment.

Save the Date: Ninth Annual Fair Housing and Public Accommodations Symposium

Thursday, April 13, 2017
8:30am – 4:30pm, Breakfast and lunch included.

The State Bar of California San Francisco Office
180 Howard Street
San Francisco, CA

Check back in at Ninth Annual Fair Housing and Public Accommodations Symposium at a later date for more details!

Save the Date: 36th Annual Real Property Law Section Retreat

Save the date for the 36th Annual Real Property Law Section Retreat, April 21-23, 2017 at the Silverado Resort in Napa. Check back in at Real Property Retreat at a later date for more details!

Recent Legal Developments

Debunking the Sham Guaranty Defense

Throughout the not too distant financial crisis and continuing today, real estate project sponsors have sought, and continue to seek, to avoid personal liability on defaulted real estate loans by asserting what has become known as the “sham guaranty defense”.  While the “sham guaranty defense” takes on many forms, its essential characteristic is that the project sponsor alleges that its loan guaranty is unenforceable as the sponsor/guarantor is in effect the borrower and thus entitled to the full panoply of California’s one-action and anti-deficiency protections generally available to borrowers but not true guarantors.


Current Real Property Case Tweets From CEB

Following are California real property law tweets and links, provided  courtesy of CEB. See California, U. S. Supreme Court, and 9th Circuit daily case tweets on at CEB_CA:

North 7th St. Associates v. Constante (Appellate Division, 1/4/17) [Civil Procedure, Real Property]

Rental agreement for unlawful rental unit void and plaintiff barred from collecting rent or using u/d procedure to enforce rent collection.

In re Kupfer (Northern District of California, 12/29/16) [Bankruptcy]
Cap on landlord’s claims against tenant in bankruptcy limited to claims arising directly from lease termination.

See More

Selected Developments in Real Property Law—Advising California Common Interest Communities, 2d ed

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 December 2016 update to Advising California Common Interest Communities, 2d ed (Cal CEB).  References are to the book’s section numbers.  See CEB’s RPLS landing page for special discounts for section members. Read more.

Section News

On-line Billing and Payment for 2017 Fees

The State Bar will be launching  a new on-line billing and payment application for 2017 fees.  Paper billing statements will not be sent to members. Instead, statements will be available online through My State Bar Profile. Individual members will continue to be able to make payments online through My State Bar Profile. Attorneys should make sure that the email they have provided for State Bar communications is up to date.

Law firms and agencies will be able to use the State Bar’s new Agency Billing system where they can calculate billing costs and make payments for a group of attorneys.

Please be sure your Section Membership Fees are included in your payment.

Once an attorney’s fees are paid, a paper bar card will be conveniently available for download through My State Bar Profile. Plastic bar cards will still be made available, but only upon request and can also be ordered through My State Bar Profile.

The online billing system makes it easier than ever for individual attorneys and agencies to help make the justice system available to everyone.  When paying your bill, please consider making a contribution in support of legal services for low income Californians.  Your support is a lifeline that can help prevent homelessness, keep kids in school, protect elders from fraud and abuse, and connect veterans to services, among other critical legal assistance.

It is anticipated that the on-line agency and billing application will be available through the State Bar’s website by mid-December.

Go to for more information, or contact Member Records and Compliance at 1-888-800-3400.

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 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, and who knows? You might get your idea immortalized in the next E-Bulletin!

cartoon image by Scott Miller
© 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

CEB Discount Program for Section MembersContinuing 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.

Contact Us

Real Property Law Section
The State Bar of California
180 Howard Street
San Francisco, CA 94105-1639
FAX 415-538-2368

The Real Property Law Section is a State Bar of California-approved MCLE provider.

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