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Articles 1 - 29 of 29
Full-Text Articles in Law
The Great Rent Control War, Myron Moskovitz
Real Property, Roger Bernhardt
Real Property, Roger Bernhardt
Cal Law Trends and Developments
"Real property" as a topic exists only in a law professor's mind. Practicing attorneys may specialize in representing title companies or developers or brokers or any of the other entrepreneurs who make their living in one way or another from real estate, but none of these lawyers would claim that his proper field of expertise is real estate per se. Consequently, any article on developments in the field of real property law really becomes a series of separate articles on developments in some real estate specialties, rather than a cohesive whole. I have tried, here, to cover the three specialties …
Real Property, Herbert I. Lazerow
Real Property, Herbert I. Lazerow
Cal Law Trends and Developments
During the year, the California courts made the acquisition of property, either by adverse possession or possession as a result of the owner's abandonment, more difficult. While the courts did not change the rules of law they insisted on their pristine application. This demonstrates an understandable tendency, in an urbanizing society, toward restricting the transfer of title by possession alone to non-owners.
New Disclosure Duties For Brokers In Short Sales, Roger Bernhardt
New Disclosure Duties For Brokers In Short Sales, Roger Bernhardt
Publications
This article examines the decision in Holmes v. Summer where the court held that a sellers broker “had a duty to disclose . . . liens before the buyers signed . . . [an] agreement.” The article discusses the conflict between the duty of confidentiality and the new duty of disclosure to the other side.
Real Property, Harold E. Mcintosh
Real Property, Harold E. Mcintosh
Cal Law Trends and Developments
Many cases were decided in the field of real property during the period covered by the survey, but very few of them were decided in the California Supreme Court. There is one case of special importance that was decided in the Appellate Department of the Superior Court. Only those cases thought to be of special significance are included in this survey, and legislation enacted during the period will not be discussed.
Dirty Property For Dirt Cheap: Cgl Coverage For The Diminished Value Of Contaminated Sites Under Goodstein V. Continental Casualty Co., Daniel S. Cho
Dirty Property For Dirt Cheap: Cgl Coverage For The Diminished Value Of Contaminated Sites Under Goodstein V. Continental Casualty Co., Daniel S. Cho
Golden Gate University Law Review
In Goodstein v. Continental Casualty CO., the United States Court of Appeals for the Ninth Circuit held that the diminution in sale value of property due to pollution does not constitute "property damage" under a comprehensive general liability insurance policy where the sale contract did not require the buyer to remediate as a condition of the sale. In so holding, the court found that diminished property value is not "physical injury to tangible property," nor is it "damage" that the "insured shall become legally obligated to pay" because of "property damage." However, without determining whether the mere designation of property …
The Cold Decision Of Coldwell Banker: A California Court Ends The Evolution Of Broker Liability With One Decision, Dominic H. Porrino
The Cold Decision Of Coldwell Banker: A California Court Ends The Evolution Of Broker Liability With One Decision, Dominic H. Porrino
Golden Gate University Law Review
Part I of this note focuses on the history of the broker's duty of disclosure and duties owed to third persons. That part provides a historical framework of the evolving law in broker disclosure and the broker's duty to third persons, concentrating mainly on California law. Part II discusses the broker disclosure statute and the downfall of its narrow interpretation. Part III discusses the common-law balancing test, and the benefits of its application to the Coldwell Banker case and other cases like it. Finally, Part IV concludes that the court in Coldwell Banker erred by taking a narrow interpretation of …
Take This House And Shove It: The Emotional Drivers Of Strategic Default, Brent T. White
Take This House And Shove It: The Emotional Drivers Of Strategic Default, Brent T. White
Publications
No abstract provided.
How California Can Harmonize A Tenant's State Rights And A Landlord's Right To Go Out Of Business Pursuant To The Ellis Act, Hugo E. Castillo
How California Can Harmonize A Tenant's State Rights And A Landlord's Right To Go Out Of Business Pursuant To The Ellis Act, Hugo E. Castillo
Golden Gate University Law Review
California landlords doing business in cities with strict rent control laws have found a way to get around such laws and capitalize on the tight housing market. As of 1998 California landlords have simply relied on the utility of the Ellis Act, which has been in the California law books since 1986 and prohibits government agencies from interfering with a landlord's decision to evict tenants and withdraw rental units from the market. For example, in San Francisco, a city with strict rent control laws, 205 buildings were Ellised from July 1998 to June 1999; a jump from 1995, when only …
Tell It Like It Is - Sellers' Duties Of Disclosure In Real Estate Transactions Under California Law, Ann J. Rosenthal, R. Stuart Phillips
Tell It Like It Is - Sellers' Duties Of Disclosure In Real Estate Transactions Under California Law, Ann J. Rosenthal, R. Stuart Phillips
Golden Gate University Law Review
California has long been on the cutting edge of the law, often presaging national legal trends. It is no surprise, therefore, that California was among the first states to abandon the rule of caveat emptor in real estate transactions, enacting numerous statutes that provide a buyer with sufficient information to make a reasoned judgment in buying property. Sellers often run afoul of these laws, however, because they are unaware of the nature and extent of the duties imposed upon them. California real estate practitioners know that their state law imposes stringent duties of disclosure on sellers of real property, particularly …
Co-Use Of Compatible Private Easements By Cable Television Franchisees Under The 1984 Cable Act: Federal Refinement Of An Established Right, Richard D. Harmon
Co-Use Of Compatible Private Easements By Cable Television Franchisees Under The 1984 Cable Act: Federal Refinement Of An Established Right, Richard D. Harmon
Golden Gate University Law Review
Before the Cable Act became law, a number of obstacles had retarded cable television's growth and development. One such obstacle involved private landowners, especially real estate developers and landlords. By the 1980s, many developers were attempting to physically exclude franchised cable television disseminators from their developments so that the resulting captive audience could be served, on an exclusive basis, by the developer or someone with whom the developer had contracted. These exclusionary practices represented a serious problem, since it is estimated that half of all new residential construction in the United States is now in the form of planned or …
Eminent Domain By Regulation: Developing A Unified Field Theory For The Regulatory Taking, Barbara J. Savery
Eminent Domain By Regulation: Developing A Unified Field Theory For The Regulatory Taking, Barbara J. Savery
Golden Gate University Law Review
The blurring of the lines between what constitutes public use for eminent domain and what is considered a proper public welfare objective of the police power means that government purpose can no longer be used to distinguish between the two powers. They have become functionally interchangeable. The Supreme Court's recognition that the two powers are coterminus demands that they be treated not as separate entities, but as "two points on a continuum which is the power of government". The tension between the traditional "correlative view", which sees the two powers as "very different", and the more recent approach, which openly …
Becker V. Irm Corporation: Strict Liability In Tort For Landlords, Alice L. Perlman
Becker V. Irm Corporation: Strict Liability In Tort For Landlords, Alice L. Perlman
Golden Gate University Law Review
This Note will address several questions which are both old and new in tort law. How does the court apply a stream of commerce approach to strict products liability? What does it mean for a landlord to be in the business of leasing so that strict liability may be imposed for injuries caused by latent defects in residential units? What is a latent defect so that landlords may take necessary preventative steps before renting a unit? In addition, this Note will examine the policies for extending strict liability which have developed in California case law. This Note will show that …
Dual Agency In Residential Real Estate Brokerage: Conflict Of Interest And Interests In Conflict, Robert E. Kroll
Dual Agency In Residential Real Estate Brokerage: Conflict Of Interest And Interests In Conflict, Robert E. Kroll
Golden Gate University Law Review
This Comment will explore the legal status and vulnerability of real estate brokers who engage in dual agency. It will discuss the under-representation of home buyers, and the advantages and disadvantages of some suggested statutory and administrative reforms requiring or encouraging single, unconflicted agency arrangements in residential real estate transactions.
Real Property, Scott Benjamin
How Scary Is "Stop The Beach Renourishment"?, Roger Bernhardt
How Scary Is "Stop The Beach Renourishment"?, Roger Bernhardt
Publications
This article reviews Stop the Beach Renourishment, Inc. v. Florida Dep’t of Envt’l Protection where four Justices announced a judicial decision could, under the right circumstances, by itself constitute a taking of a litigant’s property, and applies that rule to existing California Supreme Court cases on 1) the implied warranty of habitability, 2) running covenants, 3) common enemy surface water, 4) public beach access, and 5) deeds of trust and the one-action rule.
Wellenkamp V. Bank Of America: A De-Stabilizing Shift In California Real Estate Financing, Patrick Hart
Wellenkamp V. Bank Of America: A De-Stabilizing Shift In California Real Estate Financing, Patrick Hart
Golden Gate University Law Review
No abstract provided.
Curbing Real Estate Speculation In California, Barbara L. Cunningham
Curbing Real Estate Speculation In California, Barbara L. Cunningham
Golden Gate University Law Review
No abstract provided.
The Doctrine Of Waste And California's Anti-Deficiency Statutes, Henry E. O'Neill
The Doctrine Of Waste And California's Anti-Deficiency Statutes, Henry E. O'Neill
Golden Gate University Law Review
No abstract provided.
Green V. Superior Court: A New Remedy For The California Tenant, Jane Rogers, Janis Rovner
Green V. Superior Court: A New Remedy For The California Tenant, Jane Rogers, Janis Rovner
Golden Gate University Law Review
No abstract provided.
Will There Be A New Definition Of “Purchase Money”?, Roger Bernhardt, Stephen W. Dyer
Will There Be A New Definition Of “Purchase Money”?, Roger Bernhardt, Stephen W. Dyer
Publications
This article examines SB 1178 and its potential to significantly modify the CCP 580b antideficiency rule..
The Cost Of Free Looks—Ruminations On Steiner V Thexton, Roger Bernhardt
The Cost Of Free Looks—Ruminations On Steiner V Thexton, Roger Bernhardt
Publications
This article examines the the California Supreme Court case Steiner v. Thexton as to illusory promises and critiques the various standard broker forms Realtors Residential Purchase Agreements.
Crooked Originators And Cruel Insurers, Roger Bernhardt
Crooked Originators And Cruel Insurers, Roger Bernhardt
Publications
This article discusses title Insurance & the secondary market & warehoused loans.
If You Are Unlucky Enough To Be A Judgment Creditor, At Least Do It Judiciously, Roger Bernhardt
If You Are Unlucky Enough To Be A Judgment Creditor, At Least Do It Judiciously, Roger Bernhardt
Publications
This article. highlights the importance of a judgment creditor to record a request for notice of default and to execute on insurance funds before they are paid to the judgment debtor.
Mortgage Modification: Mabry V Superior Court, 2010, Roger Bernhardt
Mortgage Modification: Mabry V Superior Court, 2010, Roger Bernhardt
Publications
This article discusses a case involving a California lender’s duty to explore options to prevent foreclosure under CC 2923.5 and the inadequate remedies made available to trustors under it..
The Cost Of Defaulting, Roger Bernhardt
The Cost Of Defaulting, Roger Bernhardt
Publications
This article discusses Holbert v. Fremont Inv. & Loan where a homeowner refinanced her home numerous times in the recent [ast amd asks whether she would now be better off to default.
The Morality Of Strategic Default, Brent T. White
Underwater And Not Walking Away: Shame, Fear, And The Social Management Of The Housing Crisis, Brent T. White
Underwater And Not Walking Away: Shame, Fear, And The Social Management Of The Housing Crisis, Brent T. White
Publications
No abstract provided.