2015 Roundup In CA/SF Real Property Law

2015 was an eventful year, if measured in the scope of the real property legal changes. No stone left unturned. I got to witness it from the front seat myself: for this was the year when I decided to publish my book on the San Francisco eviction notices. It got published in April 2015, and I thought to be done with it for awhile. Little did I know, the changes would demand me to issue seven revisions during next five months, after which a big slew of changes came at once with the Ordinance 171-15, making me to rewrite almost the whole book anew! Version 2.0 went out in December (and yes, with some of the even more recent changes mentioned here, version 2.1 is already in the making).  But enough about me, let's look back and observe, what an enormous year 2015 was for the legal landscape in CA/SF real estate:

New Edition Of The Eviction Book

Writing a law review is unfair business--it does not stay relevant for long. Only in April I had published my first edition of the eviction notice book, and today that version is already obsolete. It lived through updates up to a version 1.7, which I proudly reworked in September, ... and then the Rent Ordinance was amended in so many different spots, I had to re-write most of the chapters. And so the second version was born!  [Amazon link]

Here is what's new:

New Rules On Subletting and Assignment

Following the recent enaction of S.F. Rent Ordinance amendment and Board's December 3 hearing, the Board adopted amended versions of Rules 6.15A, B, and D, and added Rule 6.15E, effective December 4. As of today, the Board's website does not show the updated versions yet, but once they will be released, they are expected to be published here (URL upd. 05/26).

In the meanwhile, especially since the Rules are already in full force, read the latest revisions in the legislative PDF version, here: 6.15A, 6.15B, 6.15D, 6.15E.

Demurrer By A Motion To Quash Is No More--Delta Motion Is Held Wrong Practice

For many years, there was a peculiar decision in Delta Imps. v. Mun. Ct. (1983) 146 Cal.App.3d 1033, holding that the only way a complaint in unlawful detainer can be challenged on legal grounds was for a tenant to bring a motion to quash, not a demurrer. Many voiced their disagreement with this case during its 32-year legacy, and it seems that the last nail has arrived this week, the decision in Borsuk v. App. Div. of the Sup. Ct. (2015) 242 Cal. App. 4th 607.

New Meet & Confer Rules For California Demurrer and some motions - CCP 430.41, 435.5, 439

[Update - - my short 2015 post about demurrers' new meet & confer rule needs to be updated, now to include other motions, also requiring meet & confer step effective January 1, 2018.
CCP § 435.5 covers motions to strike, and CCP § 439 judgments on the pleadings, both with the exceptions similar to ones previously secured for demurrers under 430.41 (unlawful detainer, incarcerated moving party) and adds two more exceptions (anti-SLAPP motions and a motion brought less than 30 days before trial).]

Ellis Act Victory for SPOSFI -- Ordinance 68-15 Is Stricken

Another great victory for the Small Property Owners of San Francisco Institute and Zacks & Freedman (URL upd. 06/26): Rent Ordinance No. 68-15 is stricken and found as "unreasonable" as its predecessor, Ordinance No. 54-14. Look at the case's online record here, (URL upd. 06/26) to see the October 2, 2015, order.

Passing On Eviction Protections 2.0

On September 22, 2015, the Board of Supervisors passed a set of proposed amendments to the Rent Ordinance. The did it in first reading, and for the most parts of the proposal voted for it 11 to none. This amendment must be a no brainer then, if it met such support, yet the joyous media coverage avoids to talk details. Let's give it a try here.
[Update 11-21-15] - the amendments became effective on November 9, 2015. The Rent Board's published version of the Rent Ordinance now reflects the changes; the multilingual form now required to be attached to the eviction notice is published here (URL upd. 05/26).
[Update 12-5-15] - 3 amended and 1 new Rule in 6.xx series became adopted, effective December 4.