Recent Legal Developments
Wednesday, January 10, 2018, 12 noon - 1 p.m.
This program offers 1 hour participatory credit. You must register in advance to attend.
Discussion of the dispute resolution provision found in Section 22 of the California Association of Realtors (C.A.R.) form agreement for residential sales regarding mediation and arbitration of disputes between buyers and sellers. Presentation will include the requirements for compliance with the section, consequences of failure to comply, and making effective use of compelled ADR processes. Practical tips based on the speaker’s experience will be offered in the use of ADR in disclosure disputes under the statutorily mandated transfer disclosure statement as well as in conflicts over deposit retentions as liquidated damage when sales do not close escrow. Relevant statutes and case law will be discussed and cited in the presentation material.
Speaker: Joseph L. Stine
Network and share ideas with Real Estate Professionals from around the State.
Save the Date!
Thursday - Sunday, April 19 – 22, 2018
37th Annual Real Property Law Section Retreat
April 19 – 22, 2018
Hyatt Regency San Francisco
Check back here for all the details as we get closer to the date.
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
Dear Section Members:
We are excited to share with you an update on the future of the Real Property Law Section! On October 2, 2017, Governor Jerry Brown signed SB 36, a bill which will separate all practice area sections (Sections) from the State Bar as of January 1, 2018. The State Bar will continue as the sole entity in charge of lawyer admissions, discipline, and MCLE compliance. The 16 Sections and California Young Lawyers Association (CYLA) have come together to create the California Lawyers Association (CLA), which will be the bar of California attorneys responsible for producing MCLE and networking programs, and providing the attorney services currently provided by the Sections.
The CLA will consist of approximately 108,000 members, including the members of the 16 Sections and the CYLA. It will operate as a private 501(c)(6) non-profit corporation and become the second largest voluntary association of lawyers in the nation, smaller only than the American Bar Association. The CLA will be governed by a board of directors comprised of representatives from each Section and the CYLA, selected by the individual Section executive committees. Of particular note is that the CLA will be completely self-funded and will not receive any money from the State Bar’s mandatory membership fees. The Sections will rely primarily on voluntary Section membership dues to fund ongoing programs. Attorneys paying their State Bar dues will not automatically become members of the CLA, but can become members by joining any of the current 16 Sections or CYLA.
This is great news for our members! The Real Property Law Section will have greater autonomy and flexibility, which will translate into an overall better member experience. As always, you will be able to count on the Real Property Law Section to provide easily accessible MCLE credits through webinars and live lectures as well as networking events throughout the State. We will also be increasing our members’ access to and awareness of new legal developments through a new online platform.
Your membership with the Real Property Law Section will allow you to continue enjoying the following services:
Your Real Property Law Section will continue to organize and sponsor the following events in 2018:
We are exploring all the ways to take advantage of this new freedom to better serve the needs of our members and encourage you to reach out to us to provide input as to what you would like to see from your Real Property Law Section. Please remember to join the Real Property Law Section the next time you pay your Bar dues.
Interested in getting more involved in our Section, e.g., writing in the Real Property Law Journal or monthly E Bulletin, organizing or speaking at a local MCLE program or webinar, planning the Annual Retreat, a RPLS Symposium, organizing a local networking event, or applying for membership on the Executive Committee? We would love to hear from you! Please contact either Gary Laturno or Christine Gregorak, RPLS co-chairs at the contact information below.”
With best regards,
Gary M. Laturno (email@example.com); 619-741-9652
Christine Gregorak (firstname.lastname@example.org); 415-331-2555
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:
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.