Untitled Document

35th Annual Real Property Retreat
Schedule of Events

May 20-22, 2016 | Hyatt Regency Monterey Hotel & Spa | One Old Golf Course Road | Monterey, CA

Friday, May 20, 2016

Event Time

Registration, Exhibits and MCLE Sign-In

11 a.m. - 5 p.m.

Concurrent Sessions

1.5 Hours Participatory MCLE Credit

[1] ADR: Its Not Split The Baby Anymore! Winning Through ADR For eal Estate Attorneys

In the aftermath of Cable Connection it is all about what is in your ADR agreement and how you use it. This program will provide practical tips for California Real Estate transactional and litigation attorneys on how to obtain winning results in ADR that are solidly based on the law and the facts. Detailed practice tips will be provided on reigning in discovery costs, allocation of fees and costs, to preserving your right to appeal.

Panelists:

  • Martin F. Triano, Triano & Byrne, Berkeley
  • Dave W. Rudy, ADR Services, Inc., San Francisco

[2] Traps for the Unwary: Variations on 1031 Exchanges in an Imperfect World

This program will include an overview of the 1031 Exchange rules and then will dive into scenarios and practical issues and solutions when things don’t go exactly as planned. Topics will include qualified use, boot, vesting, partnerships and seller financing.

Panelists:

  • Mary Kay Kennedy, First American Exchange Company, San Francisco
  • Robert Miller, Lubin Olson & Niewiadomski LLP, Walnut Creek

2 p.m. - 3:30 p.m.

Concurrent Sessions

1.5 Hours Participatory MCLE Credit

[3] Seven Things That Every Real Property Practitioner Should Know About Eminent Domain

Most real estate practitioners encounter eminent domain issues at some point, whether in leases, options, purchase and sale agreements or if their clients encounter a threatened or actual condemnation proceeding. Yet the nuances of how to effectively address such issues are not always evident. This program focuses on eminent domain issues that real property lawyers face in the transactional world, such as condemnation and bonus value clauses in leases and purchase and sale agreements, apportionment of condemnation proceeds between landlord, tenant and lender, and goodwill considerations.

Panelists:

  • Les A. Hausrath, Wendel, Rosen, Black & Dean LLP, Oakland
  • Barton G. Hechtman, Matteoni O’Laughlin & Hechtman, San Jose
  • Bradley D. Pierce, Pierce Law Firm A Professional Corp, Fullerton

[4] Advocating for Property Owners and Tenants in Resolving Housing Code Violations

This program will discuss resolving administrative actions and/or government lawsuits arising from building and housing code citations as well as representing landlords and tenants in private lawsuits arising out of code violations.

Panelists:

  • Jethro S. Busch, Steven Adair MacDonald & Partners, PC, San Francisco
  • Megan Cesare-Eastman, Deputy City Attorney, San Francisco

3:45 p.m. - 5:15 p.m.

Welcome Reception

See Social / Ticketed Events for details.

5:30 p.m. - 7 p.m.

Family BBQ Dinner

See Social / Ticketed Events for details.

7 p.m. - 9 p.m.

Dessert Party

See Social / Ticketed Events for details.

9 p.m. - 11 p.m.

Saturday, May 21, 2016

Event Time

Registration, Exhibits and MCLE Sign-In

7 a.m. - 4:30 p.m.

Networking Contintental Breakfast

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

Concurrent Sessions

1.50 Hours Participatory MCLE Credit

[5] Commercial Leases and Bankruptcy: “Should I Stay, or Should I Go?”

Panelists will discuss assumption, rejection and assignment of commercial leases in bankruptcy and how to cure of lease arrears. The panel will go into special considerations for shopping malls and the cap on a landlord’s damages.

Panelists:

  • Reno F. R. Fernandez III, Macdonald Fernandez LLP, San Francisco
  • Elva Harding, Harding Legal, Oakland

[6] Green Building and Rebuilding: “What Is It and Am I Covered For It?”

What is “green building,” and what are the standards to determine if a building qualifies as “green?” Will my insurance pay to rebuild a damaged building using green materials and techniques? Panelists will discuss how owners and builders, contractors and subcontractors can protect themselves, and how attorneys can protect their clients and avoid malpractice.

Panelists:

  • Timothy R. Sullivan, McCormick Barstow LLP, Fresno
  • Jeffrey S. Conner, Conner & Associates, PC, San Francisco

[7] The California Supreme Court: Reforming CEQA from the Bench

This panel will discuss recent and pending decisions of the California Supreme Court dealing with the California Environmental Quality Act. With substantial CEQA reform seemingly stalled in the Legislature, has the Court taken on the task of making CEQA a more commonsense and manageable mandate for developers and local agencies?

Moderator: Matthew C. Henderson, Miller Starr Regalia, Walnut Creek

Panelists:

  • Arthur F. Coon, Miller Starr Regalia, Walnut Creek
    Thomas L. Henry, Stoel Rives LLP, Sacramento
    Andrew B. Sabey, Cox, Castle & Nicholson LLP, San Francisco

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

4th Annual RPLS Real Property Persons of the Year Award (“RPOY”); Morning Star Awards and Journal Law Student Writing Competition Award

The State Bar of California Real Property Law Section is honored to present its 2016 Real Property Persons of the Year--Great Collaboration award to Edmund L. Regalia and Marvin B. Starr of Miller Starr Regalia.


Ed Regalia

Marvin Starr

9:45 a.m. - 10:15 a.m.

Concurrent Sessions

1.50 Hours Participatory MCLE Credit

[8] 6th Annual Real Estate Executives Roundtable

Real estate executives from the commercial real estate and finance markets will discuss their views of current market trends—the kinds of deals that are being made, which markets are in demand and which are languishing, whether there’s still too much money chasing too few deals, who are today’s investors and the role of crowdfunding, what cap rates make sense (dumb money vs. smart money), and the long term impact of chronically low interest rates.

Moderator: William J. Bernfeld, K & L Gates LLP, Los Angeles

Panelists:

  • Lewis G. Feldman, CEO, Heritage Capital Ventures LLC, Santa Monica
  • Fabio Baum, Sterling Bank & Trust, San Francisco
  • Michael Klein, CEO, Freedom Financial Funds, Los Angeles
  • Lawrence Smoler, Managing Director, Two Bridges Capital, LLC, New York

[9] Wine, Water, and Weeds: Basics of Viticulture, Water Law, and Drafting Agricultural Leases

In this seminar you will learn the basics of viticulture law, including a discussion of contracts, such as custom crush, alternating proprietorship, grape purchase agreements, distributor agreements, license agreements, vineyard leases or purchases. The Basics of Water Law portion will review the bedrock principles of California water law and discuss recent changes regarding groundwater regulation, water use reporting, and enforcement. Panelists will also provide tips and strategies in drafting agricultural leases that take into account the issues of water, land use and indemnity.

Panelists:

  • K. Christopher Branch, KC Branch Firm, Santa Barbara
  • Hanspeter Walter, Kronick Moskovitz Tiedemann & Girard, Sacramento
  • Jacqueline del Valle Vitti Frederick, Frederick Law Firm, San Luis Obispo

[10] Zoning, Land Use and Fair Housing Issues

This panel will discuss recent fair housing cases challenging municipal zoning ordinances. It examines the complex collision between fair housing statutes and municipal zoning ordinances regulating group homes, housing density, and shared housing.

Moderator: Christopher Brancart, Brancart & Brancart, Pescadero

Panelists:

  • Toussaint Bailey, Richards, Watson & Gershon, San Francisco
  • Eric Phillips, Goldfarb & Lipman, Oakland

10:30 a.m. - 12 noon

Lunch and Keynote Speaker

A fresh look at Cannery Row you thought you knew.

(Complimentary for registrants RSVP required. See Registration Form on page 10. Guests $ 45)

Keynote Speaker: Michael Hemp, Cannery Row historian; President and CEO, The History Company; President, The Cannery Row Foundation

12:15 p.m. - 1:45 p.m.

Concurrent Sessions

1.5 Hours Participatory MCLE Credit

[11] Title, Survey and other Due Diligence Issues in the Current Marketplace

Title, environmental and survey professionals will discuss current concerns about smoothly completing the due diligence process in a timely manner. As the commercial real estate market continues to heat up, competitive pressures to “go hard” (i.e., convert refundable deposits to non-refundable) necessitate planning and coordination of various functions performed by a variety of professionals other than lawyers and paralegals.

Panelists:

  • Norman A. Chernin, Fidelity National Title, Los Angeles
  • James J. Brown, Bock & Clark, Akron'
  • Eddie Arslanian, Ramboll Environ, Los Angeles

[12] Judges Roundtable: Ethical Conduct in the Courtroom

1.50 Hours Participatory MCLE Credit in Legal Ethics

Real Property Litigation has become more contentious due to limited supply in urban areas and often cases do not settle until closer to trial. A panel of judges will discuss litigating your case ethically and effectively inside and outside of the courtroom.

Moderator: Kavita Sharma, Steven Adair MacDonald & Partners PC, San Francisco

Panelists:

  • Honorable Harry M. Dorfman, San Francisco Superior Court, San Francisco
  • Honorable Beth Freeman, United States District Court – Northern District of California, San Jose
  • Honorable Harold Kahn, San Francisco Superior Court, San Francisco
  • Honorable Peter Kirwan, Superior Court of California – Country of Santa Clara, San Jose

2 p.m. - 3:30 p.m.

Plenary Session

1.50 Hours Participatory MCLE Credit

[13] Recent Developments in California Mortgage Law

The program will explain the changes in mortgage law in California as a result of the foreclosure crisis attendant upon the Great Recession. Panelists will discuss the changes in California law applicable to foreclosure law, loan modification law and tort law in the mortgage context. Panelists will also explain how federal law could affect these changes in California mortgage law.

Panelists:

  • Harold Justman, Justman & Associates, Palo Alto
  • Sanford Shatz, McGlinchey Stafford, Irvine
  • Michael Simkin, Simkin & Associates, Los Angeles

3:45 p.m. - 5:15 p.m.

Guided Walking Tour of the Coastal Trail

See Social / Ticketed Events for Details.

3:45 p.m. - 5:30 p.m.

Saturday Night Dinner

See Social / Ticketed Events for Details.

7 p.m. - 9 p.m.

Sunday, May 22, 2016

Event Time

Registration and MCLE Sign-In

7 a.m. - 10:30 a.m.

Networking Continental Breakfast

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

Plenary Session

1.50 Hour Participatory MCLE Credit

[14] Professor’s Roundtable – Year in Review

Professors discuss the most important decisions of the past year affecting the real property community.

Panelists:

  • Roger Bernhardt, Professor, Golden Gate University, San Francisco
  • Grant Nelson, Professor, Pepperdine University – School of Law, Malibu
  • Kathleen Morris, Associate Professor, Golden Gate University, San Francisco

8:30 a.m. - 10 a.m.

Concurrent Sessions

1.50 Hours Participatory MCLE Credit

[15] Strategies for Dealing with ADA

With the advent of California Civil Code Section 1938, the hope was that there would be a decrease in the number of ADA claims brought against landlords and tenants. However, the number of these claims continues to increase dramatically. Panelists will discuss standard lease provisions dealing with ADA, state and local disability access laws and analyze how these provisions are typically litigated between landlords and tenants.

Panelists:

  • Jo Ann Woodsum, The Law Offices of Jo Ann Woodsum, Truckee
  • Elizabeth M. Pappy, Burke, Williams & Sorensen LL), Mountain View

[16] Premises Liability: Avoiding Traps for the Unwary

Panelists will address the duties of residential and commercial property owners regarding property maintenance and the circumstances under which owners may be liable for various injuries due to dangerous or defective conditions on their property. The program will include discussions of actual premises liability cases that have been litigated to examine common and less obvious property hazards and to provide helpful takeaways for owners in managing their property.

Panelists:

  • Kimberly Wong, The Veen Firm, PC, San Francisco
    John Walovich, Vogl Meredith Burke LLP, San Francisco

10:15 a.m. - 11:45 a.m.

Real Property Law Section