Real Property Law Section
News From the Section
Recent Legal Developments
The 36th Annual Real Property Law Section Retreat
Network and share ideas with Real Estate Professionals from around the State.
April 20 – 23, 2017
Silverado Resort and Spa
1600 Atlas Peak Road,
Napa, CA, 94558
You can now REGISTER ONLINE for this event. Online registration will close after April 13, 2017.
March 27: Hotel Reservation Deadline | April 13: Early Program Registration Deadline
Earn up to 14.5 hours of participatory MCLE credit, including 3 hours in Legal Ethics
3-day registration fee includes Education Sessions, Program Materials, Thursday Reception, Friday Reception, Friday, Saturday and Sunday Continental Breakfast and Friday and Saturday Lunch.
Schedule of Events | Essential Information | Hotel and Travel | Social Events |
Printable Brochure | Mail / Fax Reg. Form | Register Online
For more information, see Real Property Retreat.
The Legal, Transactional, and Financial Toolkit for Residential Real Property Acquisitions & Sales
Presented by the State Bar of California Real Property Law Section and San Diego Creative Investors Association
Tuesday, May 9, 2017
Networking and Registration: 6:30 p.m. -7:30 p.m.
MCLE: 7:30 p.m. - 9 p.m.
SDCIA - Scottish Rite Center
1895 Camino Del Rio South
San Diego, CA 92108
Earn 1.5 hours MCLE credit
REGISTER ONLINE HERE
Click here for all the details, including speakers and topics!
Recent Legal Developments
SOF (Statute of Frauds) or SOL (You’re on Your Own Here)
- SOF (Statute of Frauds) or SOL (you’re on your own here)
- Five owners of property claim real estate broker cannot sue them for commission because they never signed a listing agreement even though another owner did. Appellate Court finds there is a factual question about whether the one who did sign did so on the other owners’ behalf. Case allowed to proceed.
- Defendants who claim SOF (Statute of Frauds) are SOL when Appellate Court rejects defense.
- See below.
In the case of Jacobs v Locatelli, filed 2/8/2017, by the California Court of Appeal, Sixth Appellate District, the Court addressed the issue of whether a real estate broker can sue some owners of a property for a commission, even if those owners did not sign a listing agreement, if there is an allegation that the one owner who did sign, did so on behalf of the non-signing owners. READ MORE
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 Twitter.com at CEB_CA:
Colyear v. Rolling Hills Community Assn. of Rancho Palos Verdes (Second Dist., Div. Four, 2/28/17) [Civil Procedure, Real Property]
Homeowner's view impairment application to HOA constituted statement re issue of public interest for anti-SLAPP purposes.
Finch Aerospace Corp. v. City of San Diego (Fourth Dist., Div. One, 2/24/17) [Real Property]
The immunities in Gov’t C §§818.8 and 822.2 do not apply to a slander of title cause of action.
Vieira Enterprises, Inc. v. McCoy (Sixth Dist., 2/22/17) [Real Property]
In an action for quiet title based on adverse possession of an easement,
plaintiff’s acts were not hostile to or destructive of defendant’s recorded right of way.
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.
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 calbar.ca.gov 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 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!
© 2017 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
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.