Real Property Law Section
News From the Section
Upcoming Educational Programs and Events
Recent Legal Developments
Upcoming Educational Programs and Events
Doing it Right: Buying, Selling and Estate Planning with Mexican Real Estate
Presented by The Real Property Law Section, co-sponsored by The International Law Section and San Diego Central Library
Tuesday, November 17, 2015
San Diego Central Library
330 Park Blvd.
San Diego, CA 92101
11:30 a.m. - 12 noon -- Registration and Networking
12 noon - 1:30 p.m. -- Program
Earn 1.5 hours of MCLE credit.
You can now REGISTER ONLINE for this program. Please note that online registration will close on the registration deadline, November 12.
Real estate transactions can at times be complicated, more so if it takes place abroad. Buying real estate in Mexico can be possible and safe if done properly. In this program you will learn about the process involved in a typical residential real estate sale transaction, from the perspective of both the buyer and seller, and the pitfalls to avoid. You will also learn about how buying real estate in Mexico affects your existing estate planning and what you need to do to make sure that the new home you buy in Mexico is not subject to a costly and time-consuming probate.
- Antonio Maldonado
- Artemiza Q. Schumacher
- Marco A. Carrasco
Licensed in both CA & Mexico
For more information, see Mexican Real Estate.
Program Submissions Wanted: 35th Real Property Law Section
Retreat, Monterey, CA, May 20-22, 2016
The Real Property Law Section Retreat Planning Committee is looking for MCLE
program submissions for our 35th Annual Retreat. For program topics to be
considered, please send an email to Kavita Sharma no later
than November 30, 2015 with the following information: (1) program title; (2) a
2 to 3 sentence description of the proposed program; and (3) the name and
contact information for the lead speaker/organizer.
2015 Wine Law Forum™ (Live Conference, 9 hours MCLE)
Join us in beautiful Paso Robles, the fasted growing wine region in California, for our annual Wine Law Forum. This year's topics include water and wine, American viticultural area appellation designations, and employment law issues facing vineyards and wineries. For more information or to enroll, please see the following link: Wine Law Forum
Documenting the Sale: Purchase and Sale Agreement (Livecast webinar - 1.5 hours MCLE)
Wednesday, November 18
12 Noon to 1:30 p.m.
The Purchase and Sale Agreement is the heart of any real property sale and is often the largest and most important contract entered into by both consumer and business clients. Learn to spot the issues and available options before your client signs on the dotted line, with speaker Gordon Eng. For more information or to enroll, please see the following link: Purchase and Sale Agreement
Documenting the Sale: Options, Rights of First Refusal, and Similar Rights
(Livecast webinar • 1.5 hours MCLE)
Thursday, December 17 • Noon to 1:30 PM
Sometimes parties don't want to actively transfer ownership of a piece of property, but rather, just want to have contractual "dibs" on the buying or selling the property at some future time. Join Nancy Goldstein as she explores how options can be used to the advantage of your real property clients, and the things to be wary of if they do so. For more information or to enroll, please see the following link: Options
Real Property Law Practice: 2015 Year in Review
(4 Live locations and NEW Livecast webinar option • 3.0 hours MCLE)
San Diego – January 8 • Los Angeles and Sacramento – January 22 • San Francisco and Livecast webinar option – January 29
Bring your practice up to speed with CEB's annual review of the case law developments and recent legislative changes. Our panel of real property practitioners will discuss and summarize significant changes in the law during 2015, analyze the impact on real property practice, and identify important trends. The program materials are a highly sought-after compilation of selected case summaries from CEB's Real Property Law Reporter, from which our panelists select to highlight in this three-hour live program. For more information or to enroll, please see the following links: Year in Review
Recent Legal Developments
Insured May Assign Insurance Policy Rights After a "Loss" Occurs
On August 20, 2015, in Fluor Corp. v. Superior Court (2015) 61 Cal.4th 1175 (Fluor), the California Supreme Court unanimously overruled its prior decision in Henkel Corp. v. Hartford Accident & Indemnity Co. (2003) 29 Cal.4th 934 (Henkel), which had created a barrier to the transfer of insurance rights during mergers, acquisitions, and restructurings. In Henkel, the Court upheld the enforceability of a “consent-to-assignment” clause (generally included in insurance policies) to bar coverage for losses that predated the assignment. The Court did not, however, consider the application of Insurance Code section 520 (Section 520) to such clauses. In a lengthy opinion, the Court opined Henkel was in conflict with Section 520, holding that, “after personal injury (or property damage) resulting in loss occurs within the time limits of the policy, an insurer is precluded from refusing to honor an insured’s assignment of the right to invoke defense or indemnification coverage regarding that loss.” (Fluor at p. 1224.) The statute prevailed over common law. READ MORE
Current Real Property Case Tweets From CEB
Following are California real property law tweets and links for September 24 – October 22, 2015, provided courtesy of CEB. See California, U. S. Supreme Court, and 9th Circuit daily case tweets on Twitter.com at CEB_CA. READ MORE
Selected Developments in Real Property Law – Condemnation Practice in California
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 2015 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.
In a federal condemnation action (U.S. v 515 Granby, LLC (4th Cir 2013) 736 F3d 309), the Fourth Circuit Court of Appeals ruled that the government’s unreasonable prelitigation position of instructing its appraiser to ignore improvements on the land justified an award of attorney fees to the property owner under the Equal Access to Justice Act (28 USC §2412). See §1.21. READ MORE
The California Real Property Journal Is Looking for Article Editors
Interested in getting more involved with the California Real Property Journal but don't have time to write an article? The Editorial Board is looking for interested candidates for the position of Article Editor (AE). The AE is assigned one article (preferably on a topic relevant to the AE's practice) and works directly with the article author to edit his/her article at both the macro and micro level. AE's do not need to check the accuracy of cites or to correct endnote formatting. Some prior editing and/or writing experience is helpful. For additional information, or if you are interested in applying, please contact the Journal Editor-in-Chief, Nicole Kilgore at firstname.lastname@example.org with a statement of interest, your qualifications, and a short summary of your practice.
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 email@example.com,
and who knows? You might get your idea immortalized in the next E-Bulletin!
What's the test to determine if something is material and must be disclosed?
If you don't want to tell them, it's material.
© 2015 Scott H. Miller
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.