Real Property Law Section
News From the Section
A crash course on how membership in the Real Property Law Section can enhance your practice!
Upcoming Educational Programs
Recent Legal Developments
The Fifth Annual Fair Housing and Public Accommodations Symposium
Friday, April 19, 2013
Golden Gate University School of Law
536 Mission Street
San Francisco, CA 94105
8:30 a.m. - 4:30 p.m.
Presented by The State Bar of California Real Property Law Section Fair Housing and Public Accommodations Subsection in partnership with the Golden Gate University School of Law
Earn 6.5 hours MCLE credit!
You can now REGISTER ONLINE for this program.For a complete program description, see Fair Housing and Public Accommodations Symposium.
Real Property Section 32nd Annual Real Property Retreat
32nd Annual Real Property Law Section Retreat
April 26-28, 2013
Silverado Resort & Spa, Napa
You can now REGISTER ONLINE for this program.
Network and share ideas with Real Estate Professionals from around the State.
April 12: Hotel Reservation Deadline
April 22: Early Program Registration Deadline
- Section Members Only $395 (Reduced Registration Fee)
- Public Non-Profit Entity Attorney, Government Attorney or Professor $275
- Special Saturday-only registration fee of $175
- Full-Time Law Student $50
3-day registration fee includes Education Sessions, Program Materials, Friday Reception and Section Leadership Party -- meals available for purchase.
Earn up to 13.75 Hours of MCLE Credit Including Legal Ethics, Elimination of Bias in Legal Profession and Detection& Prevention of Substance Abuse
For full program information, see Real Property Retreat.
Schedule of Events
Hotel and Travel
Social & Ticketed Events
Mail / Fax Brochure
Upcoming CEB Programs for April 2013
Residential Unlawful Detainers (3 hours MCLE)
Presented in San Francisco (April 12) and in Los Angeles (April 19)
Commercial Landlord-Tenant Disputes (3 hours MCLE)
Presented in San Francisco (April 12) and in Los Angeles (April 19)
Mastering the Map Act (6 hours MCLE)
Presented in San Francisco (May 17) and in Los Angeles (May 23)
Recent Legal Developments
Legal Update: The Parol Evidence Rule Gets Clipped: Contract Fraud Cases are Expected to Spike
In a contract law decision with far-reaching implications for the business community, Riverisland Cold Storage v. Fresno-Madera Production Credit Association, the California Supreme Court has reversed course after 75 years and held that evidence of oral promises or agreements at variance with the terms of a written contract may be considered to determine if the contract should be invalidated as having been procured by fraud.
Click here for full article. Article submitted by Scott Rogers of Rutan & Tucker, LLP and Ted Klaassen of Rutan & Tucker, LLP.
Legal Update: Prevailing Party in an HOA Enforcement Action May Recover Pre-Litigation Attorneys’ Fees Under the Davis-Stirling Act
In affirming a trial court decision to award pre-litigation attorneys’ fees in an enforcement action, the appellate court wove together three provisions of the Davis-Stirling Act. Finding the Act obligated parties to engage in ADR prior to filing an enforcement action and that the prevailing party shall recover reasonable fees in an enforcement action, the appellate court concluded that the legislature must have intended for reasonable attorneys’ fees incurred by the prevailing party in pre-litigation ADR to be recoverable.
Click here for full article. Article submitted by Gabe P. Wright, Shareholder, Klinedinst PC, San Diego.
Legislative Update: AB 122 , SB 387, and AB 796 – Proposed Legislation Involving Clean Energy, Once-Through Cooling, and the Effects of Sea Level Change on Proposed Power Plant Facilities
The 2013 Legislative season has begun! The California legislature has been busy this session; more than 2,000 new bills were introduced by the February 22, 2013 deadline. Energy and environmental issues are featured in an abundant amount of proposed legislation, including Assemblymember Anthony Rendon’s (Democrat, 63rd District) energy assessment, nonresidential buildings, and financing bill (Assembly Bill 122), and two bills introduced to address the controversial topic of once-through cooling of power plants.
Click here for full article. Article submitted by Melissa Foster Partner in the Environment, Land Use and Natural Resources group, Stoel Rives LLP.
Reader Alert – New Truth in Lending Rules Are Shadowed in Doubt
The “Dodd-Frank” legislation of 2010 transferred regulatory authority over the 1968 Truth in Lending Act (TILA), which regulates residential mortgage loan transactions and disclosures, to the new Consumer Financial Protection Bureau (CFPB). In January 2013, the CFPB finalized a new version of Regulation Z, TILA’s implementing regulation; however a recent federal Court of Appeals decision casts doubt on whether any regulation, rule, or decision promulgated by the CFPB in the last year is valid.
Click here for full article. Article submitted by Kenyon Harbison (email@example.com), who is an associate in the Los Angeles office of Allen Matkins.
Selected Developments in Real Property Law – California Construction Contracts, Defects, & Litigation
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 January 2013 update to California Construction Contracts, Defects, & Litigation. References are to the book’s section numbers. Click here for full article.
Current Real Property Case Tweets From CEB
Following are California and 9th Circuit real property case tweets for Jan. 16- Feb 28, 2013, provided courtesy of CEB. See California and 9th Circuit daily case tweets on Twitter.com at CEB-CA. Click here for full article.
Report From REAL Symposium 2013: the Impact of Tech and the Future of Redevelopment
The second Real Estate and Law (REAL) Symposium was held on January 30, 2013 at Paul Brest Hall on the Stanford University campus. Sponsored by The State Bar of California Real Property Law Section and Stanford Professionals in Real Estate (SPIRE), the REAL Symposium has established itself as the premier multidisciplinary real estate business and law event in Northern California. This year’s REAL Symposium was co-chaired by Ken Whiting of Schiff Hardin LLP, representing the Real Property Law Section, and Steve Dostart of Dostart Development Company LLP, representing SPIRE. The attendees comprised a true cross-section of the real estate industry, and included lawyers, business professionals, government employees and students.
REAL Symposium 2013 featured an impressive roster of keynotes speakers and panelists. Keynote speakers included Michael Covarrubias, Chairman and CEO of TMG Partners, a prominent development company, and John Taylor, a noted economist from Stanford University who has served as an economic advisor to three American presidents.
In the day’s first panel, hosted by Tim Tosta of McKenna, Long & Aldridge LLP, real estate experts from Twitter, Google, Facebook and Stanford discussed the impact of the tech industry on real estate.
The second panel, moderated by Gillian van Muyden, Chief Assistant City Attorney of the City of Glendale, addressed the future of redevelopment in California, and boasted “stakeholder” participants from the legal, development and governmental fields.
Plans are already under way for next year. The location is beautiful, the presentations are thought-providing and informative, the company is excellent, and the networking opportunities are abundant. See you there!
Recap of Central Coast Roundtable Subsection Seminar: A Review of the Year’s Top CA Real Property Cases and Ethical Conundrums in Real Estate Transactions
On February 23, 2013, the Real Property Law Section - Central Coast Roundtable, hosted a continuing education event at the Santa Barbara College of Law. The topics included a review by Jacqueline Vitti Frederick of the top California Real Property cases that were decided in 2012. Ms. Frederick is the chair of the Central Coast Real Property Roundtable of the RPLS. Ms. Frederick discussed cases covering a wide area of issues including loan servicing matters, insurance coverage, contractor liability, prescriptive easements, housing discrimination, notice rules that apply to recordation of instruments, bankruptcy cram-downs, CEQA, broker liability and statute of limitation questions.
The second topic presented at the event was entitled "Ethical Conundrums in Real Estate Transactions." RPLS committee member Robert Miller and Walnut Creek based attorney Carol M. Langford provided a number of hypothetical scenarios involving ethical issues that a real estate practitioner may be faced with at some time during his or her career. Ms. Langford specializes in attorney conduct and State Bar defense matters. The presentation included a discussion of handling potential conflicts of interests when representing more than a single client in a matter, and a review of a case brought before the State Bar Court of CA pertaining to attorney violations of loan modification laws designed to protect the public.
Pictured are panelists Jacqueline Frederick, Carol M. Langford and RPLS Executive Committee member Robert Miller, as well as Ex Com co-chair David Fu, who handled the introductions.
Thank you to Jacqueline, Robert and Carol for sharing their expertise.
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!
|Just because it's out of the box doesn't mean it's thinking.
© 2013 Scott H. Miller
Matt’s Musings: Public Service Announcement: Do Not, Under Any Circumstances, Use this Pen
Happy belated new year to those of you who are reading the column this month, whether by accident or intention. January slipped away from me before I could get a good grip on it, and then February just sort of sidled away in it sneaky 28-day way. March is not so lucky, however.
Click here for full article. Matt Henderson is a Shareholder with Miller Starr Regalia’s Walnut Creek office.
The California Real Property Journal Welcomes Your Contributions
The California Real Property Journal is currently soliciting articles for Issue 2 in 2013. Issue 2 articles are due by March 18, 2013. The CRPJ welcomes and encourages the submission of articles and ideas from our Real Property Law Section members. Submissions and questions can be sent to the Editor-in-Chief of the CRPJ, Teresa Klinkner, at email@example.com.
RPLS ♥s SOCIAL MEDIA: Friendly Reminder to Check Out Two New RPLS Animated Videos on YouTube
We’ve been getting some great feedback on our two YouTube videos over the past few weeks. In case you haven’t checked them out yet, here’s the information you need, and let us know what you think!
RPLS, The Movie! Well, sort of. Your Real Property Law Section Executive Committee has been working overtime to explain what we do and how it helps you in your life and in your law practice. Now you can tune in and get the score in a couple of minutes. Search "Real Property Section" on YouTube, and find the Real Property Section channel. The video titled "Introduction" tells you about what we do and how we do it, and why you want to be a part. "Subsection Leadership" reviews some of the great ways you can get involved in RPLS, from Subsection Chairs and steering committees, to the Real Property Law Journal and the Executive Committee. Tell your friends and colleagues, loved ones and relatives, and your “Friends”, “Connections”, and followers as well; we want these videos to go viral, or at least give you the sniffles.
Set up your Facebook and Twitter Accounts. The State Bar Sections (including the Real Property Law Section and CYLA) are now on Facebook and Twitter!
Social media, anyone? The State Bar Sections (which include the Real Property Law Section) and the California Young Lawyers Association (CYLA) now have a page on Facebook and a new Twitter account, where we can keep you up-to-date on our latest news and events.Do not delay! Set up your accounts now.
We're also looking forward to interacting with a wider community and reaching out to people who are not currently members.
We invite you to "Like" us and follow our "Tweets."
And by the way, the CYLA definition of "young" is any California attorney under the age of 36 or in their first five years of practice.
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:
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.