News & Analysis as of

California Real Estate Transactions

Weintraub Tobin

CRE Alert: California Case Law Changes Requirements for Three-Day Notices

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The recent California appellate court decision Eshagian v. Cepeda has added a new requirement to the already detailed rules surrounding Three-Day Notices—documents landlords must serve before initiating eviction proceedings....more

Patton Sullivan Brodehl LLP

Disputed Real Property Inheritance Must Be Resolved Before Partition Action

The California Court of Appeal recently reaffirmed that a party’s ownership interest in real property must be clearly established before the party can have standing to bring an action for partition of the property. ...more

Morgan Lewis

Los Angeles ‘Mansion Tax’ Update Regarding Office of Finance Assessments

Morgan Lewis on

Taxpayer disputes involving Los Angeles’s Measure ULA, the Homelessness and Housing Solutions Tax—commonly referred to as the “mansion tax”—are progressing through the city’s administrative review process. Property owners...more

Weintraub Tobin

State of the CRE Market: Industrial Sector Remains Strong Amid General Volatility

Weintraub Tobin on

In the NBC Show “30 Rock,” Tina Fey’s character, Liz Lemon, remarks to her boss Jack Donaghy (played by Alec Baldwin), “What a week, huh?” He promptly replies, “Lemon, it’s Wednesday.” This sentiment summarizes the mood of a...more

Greenberg Glusker LLP

California Supreme Court Affirms Alternative-Performance Cotenancy Clauses in Retail Leases

Greenberg Glusker LLP on

The California Supreme Court upheld a shopping center cotenancy provision, which allowed the tenant to pay reduced rent if the center’s occupancy fell below a certain threshold, finding the lease provision was an enforceable...more

Allen Matkins

What impacts are you seeing from California Assembly Bill 98 on the financing and development of industrial projects? How are...

Allen Matkins on

“We have represented several clients who are looking to acquire and reposition warehouse properties. Today, these properties are not being used for ‘logistics uses,’ the term used in AB 98. For example, one of our clients has...more

Perkins Coie

Percolating Groundwater Is Appurtenant to Land and Is Transferred With It

Perkins Coie on

The Court of Appeal confirmed that the rights to floodwater captured and stored in an aquifer beneath property were not personal property but rather appurtenant to the land and were transferred with the property during a...more

Patton Sullivan Brodehl LLP

Easement Cannot be Granted on Inconsistent Theories

An easement — an interest in the land of another entitling the easement owner to a limited use or enjoyment of another’s land — can be established by a variety of theories...more

Perkins Coie

California Supreme Court Upholds Reduced Rent Remedies in Cotenancy Clauses

Perkins Coie on

Key Takeaways - - In JJD-HOV Elk Grove, LLC v. Jo-Ann Stores, LLC, the Supreme Court of California upheld the validity of a cotenancy provision in a retail lease, affirming that in certain instances where clauses are drafted...more

Perkins Coie

Pre-1972 Conveyance of Multiple Lots Did Not Create Separate Legal Parcels Under Map Act

Perkins Coie on

Under the Subdivision Map Act, the creation of legal parcels prior to 1972 requires more than a deed referencing multiple lots—only a conveyance that separates a portion of land from contiguous property creates a new legal...more

Allen Matkins

What kinds of assets are investors targeting in today’s shifting political and economic climate?

Allen Matkins on

“I am seeing continued enthusiasm for existing multifamily assets – particularly those with a value-add opportunity. Although renovations are expensive, the improvement of an existing multifamily asset provides investors with...more

Law School Toolbox

Law School Toolbox Podcast Episode 503: Listen and Learn -- Present and Future Estates (Part 2)

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Welcome back to the Law School Toolbox podcast! Today, we're diving into the second part of our discussion on present estates and future interests. Previously, we reviewed the default property interest, the fee simple...more

Allen Matkins

California May Soon Require Owners To Register And Report Commercial Property

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In California, it seems that everything must be registered and reported to the state.  A spot bill, SB 789 (Menjivar) was recently amended to require that individuals and entities owning commercial property in the state to...more

Law School Toolbox

Law School Toolbox Podcast Episode 501: Listen and Learn -- Present and Future Estates (Part 1)

Law School Toolbox on

Welcome back to the Law School Toolbox podcast! In this episode, we're diving into a topic from Property Law -- Present and Future Estates. Specifically, we discuss the default property interest, the fee simple absolute and...more

Brownstein Hyatt Farber Schreck

California Residential Landlords to Be Required to Photograph Units

Changes to California law (specifically, Cal. Civ. Code Section 1950.5(g)-(h)) effective this year will obligate residential landlords to photographically document the condition of rental units at the outset and conclusion of...more

Buchalter

FEMA Order Provides Debris Removal Benefits to Certain Commercial Businesses Damaged By LA Wildfires, But Window to Obtain...

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The Buchalter LA Wildfire Taskforce is happy to report some good news for certain commercial property owners impacted by the LA Wildfires. On March 28, 2025, the Federal Emergency Management Administration (FEMA) agreed...more

Patton Sullivan Brodehl LLP

Court Clarifies Value of “Performance Deed of Trust” in Foreclosure

The California Court of Appeal recently clarified how courts should value a Performance Deed of Trust (PDOT) in foreclosure, and affirmed that the performance obligations included in the deed of trust survive beyond...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Water/Aquifer: California Appellate Court Addresses Whether Captured Flood Waters Constitute Personal Property

A California Court of Appeal (Fifth District) (“Court”) addressed in a March 14th Opinion whether water in an aquifer could be personal property. See Sandton Agriculture Investments III, LLC, v. 4-S Ranch Partners, LLC, 2025...more

Nossaman LLP

New Court Guidance on Rights to Use Captured Water/Percolating Groundwater

Nossaman LLP on

On March 14, 2025, the Court of Appeal for California’s Fifth Appellate District issued its decision in Sandton Agriculture Investments III v. 4-S Ranch Partners, 2025 S.O.S. 659. That case provided guidance on ownership of...more

Seyfarth Shaw LLP

Cultivator Not Entitled to Use Easement for Cannabis Purposes Absent Landowner Consent

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On October 29, 2024, the Second District Court of Appeals of California decided against the County of Santa Barbara (“the county”) in JCCRandall LLC v. County of Santa Barbara. The Court held, contrary to popular belief, that...more

Carlton Fields

SB 1103: What California Landlords and Tenants Need to Know

Carlton Fields on

Senate Bill 1103, which took effect on January 1, 2025, amends sections 827, 1632, 1946.1, and 1950.9 of the California Civil Code. This legislation grants new lease protections to “qualified commercial tenants.”...more

Best Best & Krieger LLP

Living Trusts and Residential Real Estate, Concerns After Wildfires

If you have established a living trust and own real estate, you were likely advised to transfer the real estate to your trust. A living trust may also be known as a “revocable trust,” “inter vivos trust,” or “family trust.”...more

Miller Starr Regalia

JCCrandall, LLC V. County Of Santa Barbara: Will A Dispute Over The Use Of An Easement Send The Concept Of Legal Cannabis...

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Cannabis is a multi-billion-dollar industry in California. For many years now, cannabis businesses have operated pursuant to state law, obtaining licenses and permits and entering into contracts to carry out cultivation,...more

Patton Sullivan Brodehl LLP

Lis Pendens Upheld in Claim Against Sham Trustee Who Transferred Trust Property

A lis pendens is a recorded document giving constructive notice that a lawsuit has been filed affecting title to or right of possession of the real property described in the notice. Any person later acquiring an interest in...more

Allen Matkins

Los Angeles Wildfire Resources: What to do About Your Mortgage

Allen Matkins on

As a Los Angeles-based firm, we are deeply saddened by the devastation caused by the recent wildfires. We remain committed to supporting our clients and friends during this time and are hopeful that the general steps related...more

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