33rd Annual Real Property Retreat: Out of the Woods Yet? A View of California Real Estate Law from 9,000 Feet
Schedule of Events

Thursday, May 1, 2014
Friday, May 2, 2014
Saturday, May 3, 2014
Sunday, May 4, 2014

Thursday, May 1, 2014

Event Time


4 p.m. - 7 p.m.

33rd Annual Real Property Retreat Opening Night Reception

Join us at this year’s opening night reception. (Complimentary/RSVP requested)

6:30 p.m. - 8 p.m.

Friday, May 2, 2014

Event Time

Registration and MCLE Sign-In

7 a.m. - 12:45 p.m.


7:30 a.m. - 8:30 a.m.

Concurrent Sessions -- (1.25 Hours of MCLE Credit)

[1] Hot Topics in Real Estate Ethics (1 Hour of Legal Ethics)

Real estate attorneys (representing in-house and outside counsel perspectives) and an ethics expert will analyze a series of
scenarios to guide real estate attorneys through various ethical problems.


  • Steve Cvitanovic, Esq., Haight Brown & Bonesteel;
  • Carol Langford, Esq., University of San Francisco School of Law;
  • Robert Miller, Esq., Timken Johnson

[2] Risk Transfers in Commercial Leasing Transactions: Contractual Clauses and Obtaining Appropriate Insurance

This presentation discusses how to allocate and manage risk as between commercial landlords and tenants. The presentation will analyze what insurance should be obtained by commercial landlords and tenants as well as who should pay for that coverage along with contractual risk transfers in the lease including indemnity, waiver of damages and risk of loss clauses.

Moderator: Janine McCaffery, Assistant V.P., Heffernan Insurance Brokers


  • John Hochhausler, Esq., Manning & Kass, Ellrod, Ramirez, Trester;
  • Fenn C. Horton III, Pahl & McCay, a Professional Law Corporation;
  • John Vipiana, Sr. V.P., Real Estate Practice Leader, Heffernan Insurance Brokers

[3] Power Shift in Residential Real Estate Foreclosure Matters

There has been a massive shift in residential lender/borrower foreclosure rights over the last two years. This has resulted from recently enacted state and federal legislation and recent federal court and California appellate court decisions revisiting and changing previous law that has stood for decades. Join our panel of plaintiff and lender counsel to hear the latest on both sides.


  • Douglas Gillies, Esq.
  • Spencer Scheer, Esq., Scheer Law Group

8:15 a.m. - 9:30 a.m.

Concurrent Sessions -- (1.50 Hours of MCLE Credit)

[4] Demystifying the Measure of Damages, Statutes of Limitation, and other Gordian Knots for Transactional Lawyers

We’ve brought together experienced litigators, transactional attorneys and a judge to entertain you (and possibly question each other) while challenging what you think you know about integration clauses, attorney’s fees, choice of laws, statutes of limitations, and yes, the so-called boilerplate -- and even the deep dark mystery of the measure of damages. The discussion promises to be thought-provoking, and may re-orient your thinking completely about the drafting and interpretation of these humblest of clauses.


  • The Honorable Judge David Flinn;
  • Randy Block, Esq., Sedgwick;
  • Greg Markow, Esq., The Markow Law Group;
  • Michael Klein, Esq., Klein & Weisz

[5] Duck, Duck, Goose! Who Gets Named in the Real Property Lawsuit, and Why? (Includes .50 Hour of Legal Ethics)

Many real property lawsuits arise when title changes hands. This program will consider litigation resulting from a sale transaction, focusing on the players, and the relative wisdom or strategy of inclusion or exclusion from the action, and regulatory, administrative, and ethical considerations to be addressed in making these critical pre- and post-litigation decisions. Buyer, Seller, listing and selling brokers, escrow, title, inspector and appraiser will be examined in this program.


  • David Fu, Esq., David Fu and Associates;
  • Holly M. Thomas, General Counsel, RE/MAX Estate Properties;
  • Fredric Trester, Esq., Manning & Kass, Ellrod, Ramirez, Trester;
  • Mary Work, Esq., Manning & Kass, Ellrod, Ramirez, Trester

[6] Public-Private Partnerships: The Future of P3 in the U.S.

America’s aging infrastructure requires billions of dollars for renovation and replacement at the very time Public Agency budgets are being trimmed.  is presentation examines a creative potential solution to this dilemma that has everyone in the public and private development sectors talking: Public-Private Partnerships


  • Phil Blanchard, Rutan & Tucker;
  • William Eliopoulos, Esq., Rutan & Tucker;
  • Frank Baltz, General Counsel, Clark Construction and Edgemoor Infrastructure Development;
  • John Carpenter, Assistant General Counsel, Kiewit Construction

9:45 a.m. - 11:15 a.m.

Lunch and Keynote Speaker

(Free for Registrants) Additional tickets available for purchase $45

An Overview of Yosemite

Keynote Speaker: Pete Devine, Yosemite History Expert, Author and Resident Naturalist of the Yosemite Conservancy and the Yosemite Outdoor Adventures program.

Pete grew up in New England and worked in Colorado and Utah for a few years before moving to Yosemite 25 years ago. He is our principal naturalist and helps to plan our Yosemite Outdoor Adventures program. He has worked as a ranger in three national parks, a river guide on the Colorado River, an archeologist in New Zealand, a teacher on Cape Cod and a naturalist/guide in China. Pete is a cyclist, skier, backpacker and birder, and continues to be a popular presenter at science, education and outdoor conferences. Pete has served on several non-profit boards and has written numerous articles on Yosemite. His knowledge of Yosemite’s history and natural world is extensive and in 2009, he was awarded the highest honor given by the Association for Environmental and Outdoor Education. Pete is an expert on Steller’s Jays, makes annual studies of the Lyell Glacier, and is married to a Yosemite archeologist. You may have seen him in our Nature Notes frazil ice video.

11:30 a.m. - 12:45 p.m.
Pete Devine


Session -- (1.50 Hours of MCLE Credit)

[7] Workshop -- 7 Habits of Highly Effective Transactional Lawyers

What is it that makes lawyers most successful? What makes them most effective? What do their clients focus on? This program is for lawyers of all experience levels who want to take a moment to step back and consider what they do daily and how they do it.

Speaker: Jeff Schneider, Esq., Vanguard Law Group

1:30 p.m. - 3 p.m.

Mariposa Redwood Grove Hike (No MCLE Credit)

Come stretch your legs and enjoy a view of redwoods and ridges as you get learn about the history and ecology of the Grove from a Naturalist from the Yosemite Conservancy. Space is limited, so make sure to sign up on the registration form. For additional information, check with the State Bar registration desk upon arrival.

Hike Leaders: Shirley Spencer, Author and Naturalist of Yosemite Conservancy’s Flowering Shrubs of Yosemite and the Sierra Nevada and Co-Author, Southern Yosemite Rock Climbs and Pete Devine, Yosemite History Expert, Author and Resident Naturalist of the Yosemite Conservancy and the Yosemite Outdoor Adventures program.

Shirley Spencer has lived and worked in the Sierra Nevada since 1979.  She earned a B.A. in Life Science from Pacific Union College and an M.A. in Environmental Studies from Fresno Pacific University.  Shirley began teaching natural history and park interpretation classes for the Yosemite Institute in 1986.  In addition to teaching in Yosemite National Park, Shirley leads classes in Sequoia and Kings Canyon National Parks and she has also instructed natural history courses in Canyonlands National Park, Arches National Park, Joshua Tree National Park and Pinnacles National Monument  A gifted and versatile artist, she specializes in watercolors, with an emphasis on Sierra Nevada landscaped and botanical illustrations.  She has co-authored and published two books “Flowering Shrubs of Yosemite and the Sierra Nevada,” “Southern Yosemite Rock Climbs “and several magazine articles with her husband, Mark. Shirley is a renowned artist, musician/singer, athlete and educator. Since the 1980s, thousands have been lucky enough to explore Yosemite with Shirley and share her infectious affinity for the outdoors.

2:15 p.m.
Shirley Spencer

Family BBQ Dinner

(Ticketed Event $75)

7 p.m. - 8:30 p.m.

Leadership Dessert Reception

(Free Event)

8:30 p.m. - 10 p.m.

Saturday, May 3, 2014

Event Time

Registration and MCLE Sign-In

7 a.m. - 12:45 p.m.


7:30 a.m. - 8:30 a.m.

Concurrent Sessions -- (1.50 Hours of MCLE Credit)

[8] How Technology is Changing the Workplace -- An Intimate Conversation

Technology and social media companies are offering new paradigms for the workplace, and are changing what it means to “work” and how we think about the “workplace.” These shifts also lead to changes in design, amenity packages, demands on infrastructure and location preferences. All of these, in turn, affect the communities in which these companies operate, raising issues of sustainability, transportation, housing, fiscal impacts and the sharing of economic benefits. Join us in a thought provoking conversation on the changing nature of the workplace.


  • Todd Pierce, Executive Vice President, Operations & Transformation, Salesforce.com;
  • Timothy Tosta, Esq., McKenna Long & Aldridge

[9] Hot Topics In Construction Law: Is Your Client Covered or Not? Changes and Questions Caused by SB 474 and the New ISO form of Additional Insured Endorsements

California’s SB 474 once again changed the rules regarding indemnification provisions in construction contracts. What is permitted and what should your contract’s indemnification and insurance provisions say now? What do the changes in the 2013 ISO Additional Insured endorsements mean? And what should you do if your client doesn’t get the insurance the contract required?


  • Jay Christofferson, Esq., McCormick Barstow;
  • Timothy Sullivan, Esq., McCormick Barstow

[10] Regional Planning in California: Lake Tahoe, California’s Coast, the Delta and Elsewhere

Regional planning has had mixed results in California. Panelists will discuss their experiences concerning Tahoe, the Coast, the Delta and elsewhere, including different agency models and their effectiveness

Moderator: Dan Siegel, Supervising Deputy Attorney General Office of the California Attorney General


  • Marianne O’Malley, Managing Principal Analyst, State and Local Finance, Legislative Analyst Office;
  • Nicole Rinke, California Deputy Attorney General (former General Counsel, Tahoe Regional Planning Agency);
  • Hope Schmeltzer, Chief Counsel, California Coastal Commission
8 a.m. - 9:30 a.m.

Real Property Persons of the Year - Great Collaborations Award and Morning Star Award Winners

This year the Real Property Persons of the Year Award is presented to John C. Cushman III, Co-Chairman, Cushman and Wakefield, and James D. Richman, Partner, Arnold & Porter.

John C. Cushman III

James D. Richman

9:40 a.m. - 10 a.m.

Plenary Session -- (1.50 Hours of MCLE Credit)

[11] Professors’ Roundtable

An In-Depth Analysis of the Year’s Most Important Legal Developments


  • Professor Roger Bernhardt, Golden Gate University;
  • Professor Daniel Bogard, Chapman University Fowler School of Law;
  • Professor Rachel Salcido, Pacific McGeorge School of Law

10 a.m. - 11:30 a.m.

Concurrent Sessions -- (1.25 Hours of MCLE Credit)

[12] 4th Annual Financial Executives Roundtable/Back to the Future; the Real Estate Recovery and Lessons Learned

Real estate executives from the commercial financing and equity markets will discuss their view of current market trends and projections for the next 12 months. What deals are getting done? What are the current financing and equity structures? Who are the major players? Are value-add deals and “distressed” a thing of the past? What markets are hot and which are languishing? Will interest rates rise, and if so, by how much, and what will be the impact?

Moderator: William J. Bernfeld, Esq., K &L Gates


  • Steve Bram, George Smith Partners;
  • James Ritter, Premier America Credit Union;
  • Lawrence Smoler, Torchlight Investors;
  • Larry Schiff, East West Bank

[13] The State of California Water -- Perspectives on California’s Water Supply Reliability

California’s drought has focused much attention on the issue of water, but the huge water crisis that we are facing in the future may make this drought seem like child’s play. We have assembled some of our state’s leading authorities to shed light on the future of California’s most precious resource, and discuss the difficulties of balancing the needs of consumers, farmers, utilities, environmentalists and the general public.

Moderator: Gwyn-Mohr Tully, Principal, Tully & Young, Inc.


  • Mark Cowin, Director, California Department of Water Resources;
  • David Guy, President, Northern California Water Association;
  • Jeffrey Kightlinger, General Manager, The Metropolitan Water District of Southern

[14] Current Trends in Build-to-Suit and Reverse Exchanges

Our panel of real estate and tax professionals will address the current trends and hurdles encountered when investors wish to structure build to suit exchanges under IRC Section 1031, such as: Is it better to park the intended replacement property first and run the risk that the improved value of the property will not meet or exceed the value of the relinquished property? Are there alternatives to structuring a forward to build to suit transaction? What are the risks? What are the lender obstacles? Are there hidden costs to consider?


  • Lage Andersen, Esq., Carr McClellan Ingersoll Thompson & Horn;
  • Mary Cunningham, President, Chicago Deferred Exchange Company;
  • William Meehan, Esq., Rutan & Tucker;
  • Teresa Moss, Sr. V.P., Chicago Deferred Exchange Company

11:45 a.m. - 1 p.m.

Session - (No MCLE Credit)

[15] The Neuroscience of Going From Contact To Client: Business Development Strategies that Can Add New Clients and Grow Revenue

This presentation includes brain science that takes you from stranger to trusted adviser. This program promises to deliver at least one new action, if not many, that you will take to grow your practice.

Speaker: Dr. David King Keller


2:15 p.m. - 3:45 p.m.

Saturday Night Dinner - A “Speak Easy” Event

(Ticketed Event $95)

Return back in time with us to an era where nightlife nourished despite the daring nature of it. Join us for dinner (but with legal libations) set in a private location on or near the grounds of the beautiful Tenaya Lodge. Just as they did during Prohibition, we are keeping the location secret and will be requiring you to give us the secret password to find out where to go. Look for the hinted password found in this narrative.

7 p.m. - 9 p.m.

Sunday, May 4, 2014

Event Time

Registration and MCLE Sign-In

7 a.m. - 10 a.m.

Continental Breakfast

7:30 a.m. - 8:30 a.m.

Concurrent Sessions -- (1.25 Hours of MCLE Credit)

[16] Retail Leasing in 2014 & Beyond

What does the retail leasing landscape look like in 2014 and beyond? Join us for a lively discussion about key issues parties negotiating retail leases are resolving today and will continue to encounter in the years to come. The panel will discuss current issues such as operating and co-tenancy clauses, assignment/sublease provisions, use, exclusive use and prohibited use clauses, operating and common area expenses and tax issues, green lease provisions and SNDAs and Estoppels.

Moderator: Dan Myers, Esq., Wendel Rosen Black & Dean


  • Michelle Gierke, Senior Counsel -- Real Estate, Target;
  • Jennifer Lewis, Senior Corporate Counsel, 24 Hour Fitness USA, Inc.;
  • Scott Singer, Esq., Horner & Singer

[17] The Crossroads of Energy and Real Estate

From the development of large “utility-scale” projects for solar and wind to smaller integrated developments in “green” communities, California energy law and policy has directly intersected with real estate issues. This program discusses the opportunities and risks associated with including energy generation as part of real estate development and provides practical advice for successful outcomes on energy/real estate projects.

Moderator: Jim McTarnaghan, Esq., Perkins Coie


  • Robert K. Harmon, President, Energy RM;
  • Helen O’Shea, Director, Western Renewable Energy Project, NRDC;
  • Renee Robin, Director of Permitting, Senior Counsel for Regulatory Affairs, Utilities & Commercial,
    SunPower Corporation;
  • Michael Streams, Jr., Senior V.P. Project Finance + General Counsel, PSOMASFMG;
  • Minming Wu, Associate General Counsel, BART

[18] Tax Issues in Structuring Real Estate Partnerships -- What’s New?

The IRS has recently been focusing on some of the core issues involving partnerships in a way that will affect structuring
these vehicles. What’s new in the areas of pro t and loss allocations, de minimis partners in tax credit deals, use of
guarantees to preserve debt allocations, and other related topics.


  • Lou Weller, Esq,. Bryan Cave;
  • Terry Cuff, Esq., Loeb & Loeb

8:30 a.m. - 9:45 a.m.

Concurrent Sessions -- (1.25 Hours of MCLE Credit)

[19] Drafting and Responding to Eviction Notices -- How to Win or Lose on Demurrer/Summary Judgment

This is program will discuss the strict notice requirements for residential and commercial properties as a prerequisite to filing suit, including notice requirements when evicting occupants from foreclosed properties. This program will also give tips on what owners can do (or should not do) before filing an unlawful detainer eviction lawsuit to maximize their success at trial and how tenants can capitalize on invalid notices.


  • Kavita Sharma, Esq., Steven Adair MacDonald & Associates;
  • Hon. Judge David A. Garcia, JAMS;
  • Carolyn Gold, Esq., VLSP, BASF

[20] Distressed Assets 2014; Opportunities & Challenges in an Up Market

Our experienced panel will provide you with the keys needed to understand the story behind distressed assets and distressed borrowers. Negotiation, due diligence and acquisition strategies will shift as the market continues its upward trend. Before buying, clients and their counsel need to be aware of how changes in borrower behavior affect approaches to due diligence, make workouts more challenging, and may possibly lead to post-acquisition litigation.


  • Karl Coleman, Principal, Southwest Value Partners;
  • Philip Ebling, Esq., Duane Morris;
  • Thomas Lombardi, Esq., Palmer, Lombardi & Donohue;
  • Patrick Valentino, Esq., VLP Law Group

[21] The New Commercial & Industrial Common Interest Development Act & the New Davis-Stirling Act

This presentation will cover two topics. We will first consider the rationale for a whole new body of law (i.e., the Commercial & Industrial Common Interest Development Act), insights from speakers who helped it launch, and legal and practical lookouts as experience with the new Act grows. We will also discuss the changes made by the California legislature effective in 2014 to the Davis-Stirling Common Interest Development Act, which governs homeowners associations throughout the state.


  • Sandy Bonato, Esq., Berding Weil;
  • Sandra Gottlieb, Esq., SwedelsonGottlieb;
  • Curt Sproul, Esq., Sproul Troust;
  • Gabe Wright, Esq., Klinedinst

10:15 a.m. - 11:30 a.m.