Recent Legal Developments
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:
Pacific Gas and Electric Co. v. Superior Court (First Dist., Div. Two, 4/5/17) [Real Property, Tort Law]
Consideration exception to recreational use immunity applies to PG&E even though campground fee was not paid to it.
Danger Panda, LLC v. Launiu (First Dist., Div. Four, 4/4/17) [Real Property]
Minor displaced by Ellis Act eviction is not “tenant” under local rent ordinance for relocation purposes.
Young v. City of Coronado (Fourth Dist., Div. One, 4/4/17) [Administrative Law, Civil Procedure, Government Law, Real Property]
Administrative mandamus petition properly denied when City's designation of property as historical resource was supported by appropriate.
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 2017 update to California Real Estate Finance Practice (Cal CEB). References are to the book’s section numbers. See CEB’s RPLS landing page for special discounts for section members.
In In re Arce Riverside, LLC (2015) 538 BR 563, the court ruled that the broker acting for itself as a principal in the lending transaction could not avail itself of the usury exemption. See §3.40.
In First Intercontinental Bank v Ahn (9th Cir 2015) 798 F3d 1149, the court in a diversity action recognized California's fundamental policy of favoring reciprocity of attorney fee agreements embodied in CC §1717 by applying California law even though the loan documents had a valid clause electing application of Georgia law to the documents. See §§3.45, 8.63.
Landlords, Tenants, and Marijuana Laws (Livecast • 1.0 hour MCLE)
Thursday, May 25 • 12:00 pm to 1:00 pm
What does the further decriminalization of marijuana under the Adult Use of Marijuana Act (AUMA) mean for landlords and tenants in California? This seminar analyzes the multitude of regulations affecting how cultivation and consumption could be addressed in residential leasing. For more information or to enroll, please see the following link: Tenants and Marijuana
The California State Bar Real Property Law Section (“RPLS”) and the RPLS Journal Committee are proud to announce the Third Annual RPLS Journal Law Student Writing Competition open to all California law students. The California Real Property Journal (“Journal”) is the official publication of the RPLS. The Journal is distributed free to over 6,000 members of the RPLS, has been described as “the flagship of State Bar publications,” and is an invaluable resource for the real property practitioner.
The RPLS Journal Law Student Writing Competition is meant to encourage California law students to explore California’s wide array of real property practice areas, and showcase the scholarship of law students interested in real property law. See more details here.
We're very grateful for your membership in the Section.
As a token of that, we're offering self-study MCLE credit in the areas of Legal Ethics, Competence Issues, and Recognition and Elimination of Bias in the Legal Profession and in Society. The programs are posted in our Member's Only Area.
Simply watch the programs 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.
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.
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.