CEB Contributor
Kyla Rowe
Content Attorney at Continuing Education of the Bar (CEB)
Kyla K. Rowe is a content attorney at CEB and is responsible for partnering with real property practitioners to develop engaging legal content in multiple formats. She edits annual updates of multiple CEB publications, including those relating to real property transactions. Ms. Rowe drafts original content for CEB's Daily News and Practitioner products as well.
Ms. Rowe obtained her BA in psychology from the University of California, Santa Cruz, where she was a member and captain of the school's NCAA Division III tennis team. She received her J.D. from the University of California College of Law, San Francisco, where she received multiple Witkin/CALI awards for her academic performance and participated in the school's Civil Justice Clinic. Before joining CEB, Ms. Rowe practiced real property transactions at a mid-sized law firm and was a judicial law clerk to the Honorable Thelton E. Henderson (U.S. District Court for the Northern District of California).
Ms. Rowe is dedicated to pro bono and social justice causes, and was a recipient of the Wiley W. Manuel Certificate for Pro Bono Legal Services each year she was in private practice.
CEB Region:
Bay Area RegionPractice Areas:
Real Property
Content by Kyla Rowe
-
Mere Recital of Good Faith Negotiations May Not Save a Liquidated Damages Clause
October 26, 2026
Kyla Rowe
Business Litigation, Breach of Contract, Business Transactions, Business Contract Provisions, Contract Default Provisions, Review and Negotiation of Business Contracts, Litigation Practice & Procedure, Negotiations & Settlement
Thirteen years after the parties entered into a loan agreement and three years after they settled their litigation, California's Second District Court of Appeal has found the settlement agreement’s stipulated judgment to be an unenforceable penalty in
Court of Appeal Reminds Landlords to Strictly Comply with 3-Day Notice Law in Unlawful Detainer Actions
October 5, 2026
Kyla Rowe
Appellate Law, Business Transactions, Real Property, Commercial Leasing
In the still-unfolding wake of the COVID-19 pandemic, landlords are considering their options for recouping money that was lost—via insurance claims, force majeure and other equitable claims, and even corporate restructuring. Recovering unpaid rent seems like a straightforward choice, either via unlawful detainer or breach of contract claims. However, as a recent California appellate case
CA Supreme Court Clarifies Standard for Reviewing Public Entity’s Condemnation of Privately Owned Public Utility
September 14, 2026
Kyla Rowe
Constitutional Law, Environmental, Land Use & Natural Resources, Due Process, Exactions, Takings & Other Constitutional Issues, State & Local Government
A
LA Appellate Division: Surviving Spouses Are Implied Tenants for Purposes of Rent Control
August 24, 2026
Kyla Rowe
Family Law, Real Property, Residential Landlord-Tenant
In
Court of Appeal Defers to San Ramon's Local Government on General Plan Interpretation
August 3, 2026
Kyla Rowe
Construction , Private Commercial, Environmental, Land Use & Natural Resources, Land Use Regulation, Housing, Site Selection, Due Diligence & Planning, Permitting, Entitlements & Project Approval, State & Local Government
In its decision in
Was It a Gift or a Payment of Rent? Rebutting the Presumption Under Civil Code Section 1945
July 13, 2026
Kyla Rowe
Real Property, Commercial Leasing, Default, Remedy, and Dispute Provisions
A recent case in California's Fourth District Court of Appeal provides lessons for attorneys advising both landlords and tenants on rebutting the presumption set forth in
Rent Control During a State of Emergency: First District Provides Guidance on Calculating Penal Code Section 396 Rent Cap
June 22, 2026
Kyla Rowe
Appellate Law, Real Property, Residential Landlord-Tenant, State & Local Government
In its recent decision in
A Pandemic May Damage Your Business, But Not Your Property Value for Purposes of Tax Relief
June 1, 2026
Kyla Rowe
Business Litigation, Real Property, Tax Considerations, State & Local Government, Tax Law
Six years later, the legal fallout over business losses during the COVID-19 pandemic is still ongoing. California's Fourth District Court of Appeal considered an interesting argument in a
CA Court of Appeal Reiterates Standard for Judicial Review of Housing Agency Decision
May 11, 2026
Kyla Rowe
Administrative Law, Appellate Law, Real Property
In
Good Fences Make Good Neighbors…But What If the Fence Is a Nuisance?
April 20, 2026
Kyla Rowe
Appellate Law, Real Property, Easements & Boundaries, Nuisance & Trespass, Trees, Fences & Boundary Structures
In
When AI Infrastructure Clashes With CEQA: The Legal Battle Over a Proposed Imperial Valley Data Center
March 30, 2026
Kyla Rowe
Environmental, Land Use & Natural Resources, CEQA & Other Environmental Regulation, Real Property, State & Local Government
A $10 billion development project is in the works which would place a nearly 1 million square foot data center in the rural community of Imperial, California.
To Have and To Hold Over: Landlords, Be Wary of Accepting Rent from Holdover Tenants
September 2, 2025
Kyla Rowe
Real Property, Commercial Leasing
A decision earlier this year from California's First District Court of Appeal
Considering the Sale-Leaseback as a Creative Alternative to a Purchase and Sale Transaction
August 11, 2025
Kyla Rowe
Real Property, Purchase and Sale Transactions & Disputes, Tax Considerations, Secured Financing
Sale-leaseback transactions can be helpful tools for financing and operating businesses. But counsel drafting sale-leaseback agreements need to be careful to avoid recharacterization under tax and mortgage laws, thus frustrating the transaction's ultimate purpose.
Whitehead v. City of Oakland: Takeaways for Attorneys Representing Public Entities
July 21, 2025
Kyla Rowe
Business Transactions, Contract Law and Drafting Principles, Business Contract Provisions, Contract Risk Allocation, Personal Injury, State & Local Government
In
A COVID-19 Condemnation Case Headed Toward the U.S. Supreme Court Has Major Stakes for Takings Jurisprudence
June 30, 2025
Kyla Rowe
Constitutional Law, Real Property, Nuisance & Trespass, Condemnation, Eminent Domain & Inverse Condemnation
Who should pay for the economic consequences of the COVID-19 pandemic? In
Investor-Owned Utilities Take Aim at Solar Panel Subsidies with Proposed AB 942
June 9, 2025
Kyla Rowe
Environmental, Land Use & Natural Resources, Alternative Energy Sources, Real Property
California's proposed
Generative AI for the Transactional Lawyer: Be Wary of Ethical Pitfalls
May 19, 2025
Kyla Rowe
Business Transactions, Law Practice Management, Legal Ethics, Privacy & Information Security
The legal industry (and the world at large) is increasingly using generative artificial intelligence (GenAI) tools such as ChatGPT, Bing AI, Google bard, and Copilot, and others to assist with tasks. It's not surprising that as these tools become more accessible/widely used, legal professionals would consider using them to increase efficiency and productivity and foster innovation in their practice. However, a lawyer should not turn a blind eye to the ethical pitfalls posed by GenAI.
Duty of Care to Third Parties for Off-Property Landlords: Control Over the Premises Is Key
April 28, 2025
Kyla Rowe
Personal Injury, Real Property, Residential Landlord-Tenant
A divided opinion from California's Second District Court of Appeal, in a case with very unusual facts, provides guidance as to when a landlord owes a duty of care to individuals who don't live on the landlord's rental property.
Is Adaptive Reuse a Feasible Solution to the California Housing Crisis?
April 7, 2025
Kyla Rowe
Environmental, Land Use & Natural Resources, Land Use Regulation, Housing, Real Property, State & Local Government
Seeing block after block of vacant office buildings and ghost town-like shopping malls, coupled with the reality of the housing crisis, often leads to the question: “Why don’t we just turn these commercial spaces into residential apartments or homes?”
Second District Finds Inverse Condemnation Claim Survives, Even When the Allegedly Damaging Water Was 'Invited'
March 17, 2025
Kyla Rowe
Appellate Law, Environmental, Land Use & Natural Resources, Due Process, Exactions, Takings & Other Constitutional Issues, Water & Air Quality, Real Property, Nuisance & Trespass, Condemnation, Eminent Domain & Inverse Condemnation
In
What to Know About the Latest Update to the California Energy Code, Effective Jan. 1, 2026
February 24, 2025
Kyla Rowe
Environmental, Land Use & Natural Resources, Water & Air Quality, Alternative Energy Sources, Real Property
In December, the California Building Standards Commission approved the 2025 update to the California Energy Code, which is set to take effect on Jan. 1, 2026 -- meaning the new standards will be enforced by local building departments on that date. Practitioners representing developers and construction companies should carefully review the updated Energy Code, which the California Energy Commission says could save $4.8 billion in statewide energy costs over 30 years.
AB 2004 Addresses Discrepancies Between Remote Online Notarization, Electronic Filing, and Access to Notaries
January 21, 2025
Kyla Rowe
Real Property, Purchase and Sale Transactions & Disputes, Escrow & Closing
In 2023, California finally joined the vast majority of states (47 total) allowing remote online notarization (RON) of documents. Senate Bill 696 provided a path to RON beginning in 2030. However, a few practical issues remain that could impede the implementation of RON, including access issues for rural counties wanting to participate.
To Err Is Human...But What Happens to Constructive Notice When a Recorded Document Contains an Error?
January 13, 2025
Kyla Rowe
Real Property, Purchase and Sale Transactions & Disputes, Financing & Foreclosures
California's
AB 2992 Creates Affirmative Requirement for Buyer-Broker Representation Agreements
December 23, 2024
Kyla Rowe
Real Property, Purchase and Sale Transactions & Disputes, Residential Purchases & Sales, Real Estate Brokers
Effective January 1, 2025, California's
California Legislature Gives Multi-Family Building Owners 12-Month Extension for Balcony Inspections With AB 2579
December 2, 2024
Kyla Rowe
Real Property, Construction , Common Interest Developments
In 2018, California's Senate Bill 721 imposed a January 1, 2025 deadline on multi-family building owners to inspect their buildings’ balconies and other exterior elevated elements. Building owners have cited the state of emergency declared due to the COVID-19 pandemic (which occurred about halfway through the compliance period) as making the deadline unfeasible.
Who's Better Suited to Fight California's Housing Crisis: the State, or Local Jurisdictions? The Debate Continues With Prop. 33
November 1, 2024
Kyla Rowe
Real Property, Residential Landlord-Tenant, State & Local Government
The proposed law on the California ballot is only 23 words long:
California's AB 2533 Expands Permitting Amnesty to Unpermitted ADUs Constructed Before Jan. 1, 2020
October 21, 2024
Kyla Rowe
Real Property
Assembly Bill 2533 has widened the pathway for California owners of unpermitted accessory dwelling units (ADUs) or junior accessory dwelling units (JADUs) to legalize their units. The bill moved slowly through the California Legislature, with multiple amendments, readings, referrals, and suspensions, but ultimately was signed by Governor Newsom on September 28, and will take effect on January 1, 2025.
New FinCEN Rule Brings Investment Advisers Within Purview of Bank Secrecy Act
September 30, 2024
Kyla Rowe
Business Entities, Business Transactions
On September 4, the U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN) published a final rule to safeguard the investment adviser sector from illicit finance. FinCEN
New FinCEN Rule Aims to Combat Money Laundering in Residential Real Estate Transactions
September 9, 2024
Kyla Rowe
Business Transactions, Criminal Law, Real Property
On August 28, the U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN)
San José Becomes First City in California to Adopt ADU Condominium Conversion Ordinance
August 19, 2024
Kyla Rowe
Environmental, Land Use & Natural Resources, Real Property, Purchase and Sale Transactions & Disputes, Residential Purchases & Sales, Common Interest Developments, State & Local Government
In a pioneering move, the San José City Council has passed for publication its
California's SB 1201 Aims to Unveil Beneficial Owners. But the Bill Faces Privacy, Implementation, and Budget Concerns
July 29, 2024
Kyla Rowe
Business Entities, Corporations, LLCs, State of Business Organization
Publicized as California's version of the federal Corporate Transparency Act, the bill aims to increase transparency and prevent illegal business practices. But the same practical concerns that stymied a similar bill last year may impede SB 1201's road to enactment. The bill passed the Senate floor in May on a 23-10 vote, and is currently in committee in the Assembly.
Corporate Transparency Act: When Does It Apply to Real Estate Transactions?
July 9, 2024
Kyla Rowe
Business Transactions, Real Property
Attorneys representing clients in the real estate sector must ensure that their clients are informed about the reporting requirements of the Corporate Transparency Act, which went into effect earlier this year. Because real estate sector clients are constantly forming special purpose entities to limit liability and to own and operate real estate portfolios, the impact of these extraordinary reporting requirements will be felt across the industry.
Real Property Sales: Know Your Options (Option Contracts, Rights of First Refusal, and Rights of First Offer)
June 17, 2024
Kyla Rowe
Real Property, Purchase and Sale Transactions & Disputes, Purchase & Sale Agreements & Auxiliary Documents
California attorneys assisting clients with real property sales should be aware of the types of option contracts their clients may encounter. Read on for an overview of the most common types of option contracts, and some strategic considerations when deciding which type is best for the sale.
SB 477 Reorganizes State ADU Law (and Sets the Stage for Further Improvements)
May 28, 2024
Kyla Rowe
Real Property
Governor Newsom signed urgency measure Senate Bill 477 in March 2024, effective immediately. SB 477 relocated the state law governing Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling Units (“JADUs”) into a
Reaching the Limits of Limitation of Liability Clauses: Epochal Enterprises, Inc. v. LF Encinitas Properties, LLC
May 6, 2024
Kyla Rowe
Real Property, Commercial Leasing, Default, Remedy, and Dispute Provisions
Parties in the commercial leasing context are generally free to contract as they please; however, there are some limits as to what they can contract around.
What the NAR Antitrust Litigation and Pending Settlement Mean for Residential Real Estate
April 15, 2024
Kyla Rowe
Real Property, Purchase and Sale Transactions & Disputes, Residential Purchases & Sales, Real Estate Brokers , Brokers & Other Fiduciaries
The National Association of Realtors (NAR) has agreed to a settlement whose terms include payment of $418 million to a settlement fund and major policy changes relating to how its member brokers charge fees for residential purchase and sale transactions.
Well-Intended But Controversial AB 572 Protects Affordable Condo Units From HOA Assessment Increases
March 25, 2024
Kyla Rowe
Real Property, Common Interest Developments
Currently, under the Davis-Stirling Common Interest Development Act (Davis-Stirling Act) (
Drought-Tolerant Landscaping -- and PFAS in Artificial Turf – Are Statewide Concerns Under SB 676
March 4, 2024
Kyla Rowe
Environmental, Land Use & Natural Resources
Senate Bill 676, introduced by California State Sen. Ben Allen (D-Redondo Beach) and signed into law on October 8, 2023, amends
ClimateBrief: Drought-Tolerant Landscaping -- and PFAS in Artificial Turf – Are Statewide Concerns Under SB 676
March 4, 2024
Kyla Rowe
Environmental, Land Use & Natural Resources, Climate Change, State & Local Government
This article is co-published with ClimateBrief, a forthcoming DailyNews vertical devoted to coverage of climate and environmental law for California practitioners. If you’d like us to keep you updated on ClimateBrief, use
Flippers Beware: AB 968 Creates New Disclosure Obligation for Sellers of Recently Renovated Houses
February 12, 2024
Kyla Rowe
Real Property, Purchase and Sale Transactions & Disputes, Residential Purchases & Sales, Property Due Diligence, Construction
Assembly Bill 968, which passed in both the Assembly and Senate with no opposition or no-votes, will apply to real property sales contracts after July 1, 2024. The bill adds
Conveying ADUs as Condominiums: Assembly Bills 976 and 1033 Creatively Address California's Housing Crisis
January 25, 2024
Kyla Rowe
Real Property, Purchase and Sale Transactions & Disputes, Residential Purchases & Sales, Common Interest Developments, State & Local Government
California Gov. Gavin Newsom signed Assembly Bills 976 and 1033 (by San Francisco Assemblymember Phil Ting) into law on October 11, 2023, along with
You Better Watch Out: Could Santa Claus Have a Prescriptive Easement to Use Your Chimney?
December 28, 2023
Kyla Rowe
Real Property, Easements & Boundaries
We all know how the story goes: ‘Twas the night before Christmas, and a right jolly old elf came bounding down your chimney bearing gifts. But what if you didn’t want old St. Nick to visit you next year? Would you be able to keep him out of your house?
The Double-Edged Sword of Licensing Real Property
December 11, 2023
Kyla Rowe
Real Property, Commercial Leasing
In
Property Tax Assessment and the Importance of Allocating Intangible Property
November 20, 2023
Kyla Rowe
Real Property, Tax Considerations
In
Exploring a Necessary Focus Shift from Home Ownership Affordability to Tenants’ Rights
April 20, 2023
Kyla Rowe
Real Property, Residential Landlord-Tenant
The housing affordability discussion—and resulting legislation—often focuses on affordability of home ownership. However, owning a home is not always a feasible option for everyone.
Payment of Rent by Occupying Third Party Creates Inference, Not Presumption, of Lease Assignment
March 30, 2023
Kyla Rowe
Real Property, Residential Landlord-Tenant
In
Brooding Over Backyard Chickens: Considering Whether Raising Poultry Is All It’s Cracked Up To Be
March 9, 2023
Kyla Rowe
Real Property, Nuisance & Trespass, State & Local Government
Increased egg prices and concerns about avian flu in larger-scale farming operations has renewed some Californians’ interest in raising their own backyard flocks.
Excuses, Excuses: Equitable Doctrines of Old Just Don’t Apply to COVID Times (SVAP III Poway Crossings v. Fitness International)
February 16, 2023
Kyla Rowe
Real Property, Commercial Leasing, Use Provisions
In
3 Key Considerations in Commercial Lease Transfer Clauses
January 26, 2023
Kyla Rowe
Business Transactions, Real Property, Commercial Leasing
Commercial lease terms can be lengthy, often ranging from a minimum of 5 years to upward of 20 years. Many things can change for a business—or a market as a whole—during that amount of time, as demonstrated by the COVID-19 pandemic. Assignments and subleases are therefore common in commercial leasing, because they afford flexibility and advantages for both the landlord and tenant/sublandlord.
To TIC or not to TIC: Understanding the Options for Joint Ownership of Real Property
January 5, 2023
Kyla Rowe
Real Property
When multiple parties wish to purchase or otherwise own a property together, they are often presented with four options for joint ownership: joint tenancy, tenancy in partnership, tenancy in common, and community property. (See
Privette Doctrine Doesn’t Shield Landlords From Tort Claims by Tenants’ Contractors
December 15, 2022
Kyla Rowe
Personal Injury, Real Property, Commercial Leasing
Many shopping center leases contain provisions allowing tenants to install exterior signage on the leased premises, and almost all of these provisions hold the tenant responsible for removing any signs (and repairing any damage to the premises caused by the signs) after the tenancy expires. In
California Legislature Aims to Increase Housing Density Within Existing Residences
November 28, 2022
Kyla Rowe
Environmental, Land Use & Natural Resources, CEQA & Other Environmental Regulation, Land Development & Subdivision, Land Use Regulation, Housing, Real Property, Construction , State & Local Government
It is no secret that the housing crisis was a top priority for California Legislature and Governor Gavin Newsom this legislative session. Three bills signed by the Governor on September 28, 2022 (AB 2221, AB 916, and SB 897) will hopefully allow for more housing density through the use of ADUs, JADUs, and bedroom additions. These bills are summarized below.
Senate Bill 879 (PET Act) Limits Certain Toxicological Testing on Dogs and Cats in California
November 3, 2022
Kyla Rowe
Environmental, Land Use & Natural Resources
Senate Bill 879, also known as the PET (Prohibiting Extraneous Testing) Act, was introduced by California Sen. Scott Wiener and sponsored by the Humane Society of the United States. Approved by Gov. Gavin Newsom on Sept. 26, 2022,
Assembly Bill 2745 Creates Parity in Real Estate Brokers' Licensing Requirements
October 13, 2022
Kyla Rowe
Real Property
The licensing of real estate brokers is governed by the Real Estate Law. (
The Future Is Tiny (Part 5 of 5)
September 22, 2022
Kyla Rowe
Real Property
This article is the final installment of a five-part series covering various practical and legal aspects of tiny homes. This fifth part discusses potential answers to “why go tiny?”—including overarching policy-related considerations that people may take into account when they choose to build or live in a tiny home.
Court of Appeal Confirms Validity of 'Extraction Method' for Appraising Mobile Home Park Real Property
September 1, 2022
Kyla Rowe
Real Property, Tax Considerations
In
Making a Tiny Home Function: Power, Water and Sewage (Oh, My!) (Part 4 of 5)
August 11, 2022
Kyla Rowe
Real Property
This article is the fourth installment of a five-part series covering various practical and legal aspects of tiny home living. This fourth part discusses various options for—and obstacles to—equipping a tiny home with utilities.
Well-Crafted Cotenancy Provisions Are Enforceable in Retail Leases
July 21, 2022
Kyla Rowe
Real Property, Commercial Leasing
In
Good for the Gander: Ninth Circuit Affirms Dismissal of Constitutional Challenge to CA's Foie Gras Law
June 9, 2022
Kyla Rowe
Appellate Law, Constitutional Law, State & Local Government
In
Does a Tiny Home Need a Big Wallet? (Part 3 of 5)
May 19, 2022
Kyla Rowe
Real Property, Residential Purchases & Sales, Tax Considerations, Financing & Foreclosures
This article is the third installment of a five-part series covering various practical and legal aspects of tiny homes. This third part discusses financing, ongoing expenses, and resale of tiny homes.
California Courts Will Not Allow Local Governments To Evade Coastal Act Compliance
April 28, 2022
Kyla Rowe
Real Property, State & Local Government
In its recent decision in
Home Is Where You Park It... But Where Can You Park Your Tiny Home? (Part 2 of 5)
April 7, 2022
Kyla Rowe
Real Property, State & Local Government
This article is the second installment of a five-part series covering various practical and legal aspects of tiny homes. This second part discusses location constraints and zoning obstacles to finding a suitable place to park (and occupy) a tiny home.
A House Is a Home -- Even When It’s Tiny (Part 1 of 5)
March 17, 2022
Kyla Rowe
Real Property
This article is the first installment of a five-part series covering various practical and legal aspects of tiny homes. This first part defines a “tiny home,” discusses the types of tiny homes, and provides an overview of the regulation of—and regulatory obstacles to— tiny home living.
When a Rent Hike Is a De Facto Eviction: California Court of Appeal Addresses Costa-Hawkins Preemption
February 24, 2022
Kyla Rowe
Real Property, Residential Landlord-Tenant
The concepts of rent control and eviction control are treated differently under California law, but there is a grey area where a rent increase may be an eviction in disguise. In
What Happens to Property Remaining at the Premises When a Commercial Tenant Vacates?
February 3, 2022
Kyla Rowe
Real Property, Commercial Leasing
Whether a lease expires by its own terms or one of the parties terminates the lease prior to term expiration, both the landlord and tenant should understand the ownership and disposition of various types of property left behind when the tenant vacates.
The California Association of Realtors® Form Residential Purchase Agreement Gets Refurbished (and What We Can Learn From It)
January 18, 2022
Kyla Rowe
Business Transactions, Real Property, Purchase and Sale Transactions & Disputes, Residential Purchases & Sales
The California Association of Realtors® (CAR) released much-anticipated revisions to its form California Residential Purchase Agreement and Joint Escrow Instructions (form RPA-CA) in December 2021. Major formatting and structural revisions align the RPA-CA with best practices in real property contract drafting -- namely, summarizing key terms at the beginning of the document.
Addressing Racial Bias in Real Estate Appraisals: Approaches by the California Legislature and Federal Agencies
December 27, 2021
Kyla Rowe
Elimination of Bias, Real Property, Purchase and Sale Transactions & Disputes, Residential Purchases & Sales, Financing & Foreclosures
Unfair Appraisals Reported in the Media
Addressing the Affordable Housing Crisis in Our Backyards: Conveying ADUs Under AB 345
December 6, 2021
Kyla Rowe
Real Property, Residential Purchases & Sales, Construction
Accessory Dwelling Units (ADUs) -- otherwise known as “in-law units,” “granny units,” “casitas,” or “ohanas” -- have been gaining traction as a way to alleviate the affordable housing crisis in California. Recent legislation has reduced obstacles to the approval, construction, leasing, and even separate conveyance of ADUs. Effective Jan. 1, 2022,
10 Important Housing Bills Enacted in California's 2021 Legislative Session
November 12, 2021
Kyla Rowe
Real Property, State & Local Government
In 2021, the California Legislature enacted 770 bills (which is a massive uptick from 2020’s mere 372), including many real property related bills. Ten notable housing bills are summarized in this article, and more are addressed in the feature article for the November 2021 issue of the
'Somewhat More Complicated' But Hopefully Useful: SB 315 Revisits Revocable Transfer on Death Deed Statutes
October 21, 2021
Kyla Rowe
Real Property, Trusts & Estates, Estate Planning
On September 22, Governor Newsom signed
Key Considerations When Drafting Tenant Estoppel Certificate Provisions in a Real Property Purchase Agreement
September 30, 2021
Kyla Rowe
N/A
Tenant estoppel certificates may not be the most exciting part of a transaction, but they are an important part of the due diligence process for a potential buyer when a property is encumbered by one or more leases. A tenant estoppel certificate is a document signed by the tenant which certifies to the potential buyer that certain material terms of the lease are correct as of a certain date.
Bringing Home the (Humanely Housed) Bacon: Prop. 12 Withstands Scrutiny Under the Dormant Commerce Clause
September 9, 2021
Kyla Rowe
Constitutional Law
California's Proposition 12 has faced several constitutional challenges since its enactment. Beginning Jan. 1, 2022, California farmers and business owners will need to comply with the minimum requirements for confinement of breeding pigs (in addition to requirements already in place for other animals) found in Health and Safety Code section 25991. Compliance will likely result in increased costs for producers and consumers across the nation, but the Ninth Circuit has ruled that such upstream effects on interstate commerce don't rise to a dormant Commerce Clause violation.
Removing Disciplinary Information About a Licensee from the DRE's Website
August 19, 2021
Kyla Rowe
Real Property
Certain disciplinary information may be removed from the DRE's website via petition (RE 506R/RE 506). Understanding the requirements and procedures of submitting a RE 506R petition can make the removal process relatively easy for you and your DRE-licensed clients.
Options for Landlords in Lieu of Evicting Tenants for Nonpayment of Rent
July 29, 2021
Kyla Rowe
Real Property
In light of ongoing COVID-19 pandemic and the extension of many eviction moratoriums, landlords may find that creative options for recouping overdue back rent -- such as rent abatement, rent deferral, loan conversion or other lease amendments -- is preferable to evicting tenants.
Five Key Differences Between DRE and CFL Licenses
July 8, 2021
Kyla Rowe
Business Entities, Business Transactions, Real Property, Financing & Foreclosures
Non-institutional lenders and brokers making loans often face the choice between obtaining a license through the DRE or the DFPI under CFL law. Similarities exist between the two licenses, but there are some key differences that practitioners advising such lenders and brokers should know.
Are Your Clients Prepared For the End of LIBOR?
June 17, 2021
Kyla Rowe
Business Transactions, Real Property, Financing & Foreclosures
The London Interbank Offered Rate (LIBOR) has been one of the most widely used interest rate benchmarks globally since its inception in 1969 (and more so since the derivative transactions market boom in the early 2000s), and it is thought to affect trillions of dollars in outstanding contracts. However, it has become clear over the past several years that the interbank funding rates (which are submitted by global banks to generate LIBOR rates) are not reliable, and that LIBOR is susceptible to manipulation. In 2012, a
Biker Beware: Public Entities Are Immune from Liability for Injuries on Trails
May 27, 2021
Kyla Rowe
Environmental, Land Use & Natural Resources, Real Property, State & Local Government
With summer approaching and wildflower season in full force, many Californians are donning their hiking boots and heading to the state’s many open space preserves, State and County parks and other natural spaces. However, they should be aware that if they are injured on a trail, they will be unable to recover damages from the public entity which owns or operates the property, due to a complete immunity provided by the California Government Code.
Ninth Circuit Clarifies Standard for Awards of Costs Under the FHA
April 15, 2021
Kyla Rowe
Appellate Law, Litigation Practice & Procedure, Attorney Fees & Costs, Real Property
In its recent opinion in
Berkeley City Council Votes Unanimously to End Exclusionary Zoning
March 15, 2021
Kyla Rowe
Environmental, Land Use & Natural Resources, Land Use Regulation, Real Property, State & Local Government
Paving the way for greater housing density, the Berkeley City Council voted
Begin Again: Copyright Law and Taylor Swift’s Re-Recording of Her Early Albums
February 23, 2021
Kyla Rowe
Business Transactions, Intellectual Property
Taylor Swift continues to establish herself as a trailblazer in the music industry. Her powerful decision to re-record her early albums in order to take back ownership of her music sets a favorable precedent for all artists -- especially those with less leverage than a mega pop star like Swift (read: most artists). Music professionals and attorneys alike can learn from Swift's highly publicized battle for ownership of her master recordings, as well as certain terms of her recording contract, and attorneys should consider Swift's example when negotiating recording contract clauses concerning ownership of master recordings, re-recording restrictions and compensation to the artist.
No documents found.
No programs found.
Scroll to TopCopy the link below:
