Articles & Publications

By Edward A. Galloway

Dec 19, 2013

Original Article Published 9/19/13:  The Right to Repair Act, also known as “SB800” (the “Act”), which applies to new residential construction sold on or after January 1, 2003, superseded common law causes of action such as strict liability and negligence by homeowners for defective residential construction.  The Act gave builders a right to repair any alleged deficiencies before homeowners could sue.  Not so, said the Court of Appeal in Santa Ana on August 28, 2013.

By Douglas F. Landrum

Nov 14, 2013

The California Revised Uniform Limited Liability Company Act ("RULLCA") will repeal and supersede California’s existing limited liability company act (the Beverly-Killea Limited Liability Company Act, "Beverly-Killea").  RULLCA is different from Beverly-Killea in many significant respects.

By Douglas F. Landrum

Sep 26, 2013

On September 23, 2013, Sections 506(d) and 506(e) of Regulation D under the Securities Act of 1933 became effective regarding “bad actors.”  Section 506 provides a commonly used exemption from the requirement under the Securities Act of 1933 to register offerings for sales of securities.

By Joel Covelman

Aug 27, 2013

Builders and developers who hire artists to create artwork as a focal point for a new project or renovations can find themselves and their publicists unwittingly enmeshed in one of the confusing pockets of U.S. copyright law.

By Gregory P. Regier, Craig K. Beam

Aug 06, 2013

On August 5, 2013, the California Supreme Court released an important decision concerning the California Environmental Quality Act (“CEQA”) and an interpretation of CEQA Guideline section 15125(a) on the “baseline” from which potential impacts would be measured in the matter entitled Neighbors for Smart Rail v. Exposition Metro Line Construction Authority et al. (Los Angeles Metropolitan Transportation Authority et al.).

By Paige H. Gosney

Feb 12, 2013

On January 18, 2013, Senate Majority Leader Ellen Corbett (D – San Leandro), introduced Senate Bill 123 (SB 123) that would require the presiding judge of each superior court in the State to establish an Environmental and Land Use Division within each court to process civil proceedings brought under the California Environmental Quality Act (Pub. Res. Code, §§ 21000, et seq.

By Sonia A. Lister

Jan 23, 2013

Sonia A. Lister is a Shareholder in JDTP’s Real Estate Services Group.  Ms. Lister has served on the Board of Directors for HomeAid Orange County since 1998.   In this article, Ms. Lister highlights the realities of homelessness in Orange County, HomeAid’s role in eliminating homeless for thousands of Orange County families and individuals, and the important and diverse role the Orange County building and legal communities have played in HomeAid’s success.

By Craig K. Beam

Jan 11, 2013

*Article co-written by Jonathan Shardlow

Yesterday morning, the United States Supreme Court issued its much-anticipated ruling in Los Angeles County Flood Control District v. Natural Resources Defense Council, Inc. The Supreme Court held that the flow of water from an improved portion of a navigable waterway into an unimproved portion of the same waterway does not qualify as a “discharge of a pollutant” under the Clean Water Act. In reaching its decision, the Supreme Court found that the transfer of water is a discharge of a pollutant only if the water was moved between “meaningfully distinct water bodies,” and thus, “no discharge of pollutants occurs when water, rather than being removed and then returned to a water body, simply flows from one portion of the water body to another.”