Turn research into results with the only California-specific legal know-how solution.
Legal Know-How for Real Property Litigators in California
CEB’s Real Property Practitioner content will serve any attorney litigating disputes involving purchase and sale contracts, broker disputes, or title disputes in California. You’ll get county-level guidance on litigation practice and procedure in California’s 20 most populous counties, in combination with meaningful analysis of the applicable law. Use Practitioner’s Workflows, How-To Guides, Strategy Notes, Charts, Checklists, and annotated Sample Documents to guide you from start to finish of your real property dispute, from arbitration, to drafting and responding to complaints, to motion practice, to summary judgment, and much more. Coverage of easement and boundary disputes coming soon!
Included Know-How Resources
We’re always updating and adding new content, but browse a list of selected content to decide whether Practitioner | Real Property is right for you:
Arbitration
- Order compelling arbitration in real property disputes
- Petition to compel arbitration in real property disputes
- Declaration in support of petition to compel arbitration in real property disputes
- Memorandum of points and authorities in support of petition to compel arbitration in real property disputes
Discovery
- Discovery plan: Documents needed in preparing to pursue rescission
- Discovery plan: Documents needed in preparing to pursue reformation
- Checklist of discovery in litigation involving real estate brokers
- Workflow: Discovery in California State Courts
- Workflow: Discovery in California Federal District Courts
- How to Manage Discovery Requests in the Eastern Federal District (and other CA district courts)
- How to Manage Discovery (Fresno County & other CA counties)
- How to Obtain Discovery Sanctions
- Meet and Confer Letter: Deficiencies in Responses to Form and Special Interrogatories
- Benefits of early Disclosure of Expert Witnesses
- Litigation Hold Letter to Opposing Counsel
Motion Practice
- Workflow: Motion Practice
- How to Navigate Law and Motion Procedures (Contra Costa County & other CA counties)
- How to Draft, File, and Serve a Noticed Motion
- Generic Request for Judicial Notice
- How to Draft, Circulate, File, and Serve an Order After Hearing
- How to Obtain an Order to Show Cause
- How to File a Motion to Be Relieved as Attorney of Record
- How to Move for a Preliminary Injunction
- How to Draft and File a Motion to Determine Good Faith of Settlement
- Plaintiff’s Notice and Motion to Tax Costs
Summary Judgment & Summary Adjudication
- Summary Judgment Legal Standard
- Federal Summary Judgment Legal Standard
- Summary Adjudication Legal Standard
- Comparison of Summary Adjudication Procedures
- Checklist: Deciding Whether to Move for Summary Judgment or Summary Adjudication
- How to Make and Oppose a Summary Judgment or Adjudication Motion in California State Court
- Strategic Considerations in Opposing Summary Judgment
- How to Oppose a Motion for Summary Judgment
- Objections to Evidence in Separate Statement
Broker Disputes
- Workflow: Broker Disputes
- Chart: Types of disputes with brokers
- Client intake form for broker disputes
- Cause of action checklist: breach of fiduciary duty by broker
- Cause of action checklist: negligence by broker
- Standard language: pleading breach of contract by broker
- Standard language: pleading fraud by broker
- Cause of action checklist: failure to perform (principal’s liability to broker)
- Checklist: pleading a civil conspiracy theory against broker
- Checklist of broker’s duties to third parties
Purchase & Sale Disputes
- Workflow: Buyer-Seller Contract Disputes
- Cause of action checklist: breach of contract (real property buyer/seller contract)
- Cause of action checklist: rescission of contract for sale of real property
- Complaint: specific performance of buyer/seller contract
- Standard language: negligent misrepresentation by buyer or seller
- Cause of action checklist: violation of real property seller’s duty to disclose under Civil Code 1102.6
- Strategic considerations for litigating real property fraud actions
- Strategic considerations regarding use of experts and consultants in real property disputes
- Strategic considerations for litigating real property breach of contract actions (seller’s breach and buyer’s breach)
- Tactical considerations when choosing between rescission and damages
Title Disputes
- Workflow: Title Disputes
- How to litigate a quiet title action
- Cause of action checklist: quieting title (purchase-sale contracts)
- Complaint for damages for slander of title
- Discovery plan: documents needed in preparing to pursue quiet title
- Client intake checklist: slander of title claims
- Affirmative defense of truth (slander of title)
- Affirmative defense: privilege, lack of malice (slander of title)
- Sample complaint to quiet title
- Template: Notice of Pendency of Action (Lis Pendens)
- How to prepare, serve, record, and file a Notice of Pendency of Action (Lis Pendens)
Workflows
Work smarter by accessing all Practitioner’s resources via Workflows that provide a logical and dynamic overview of major categories of work and legal tasks required by specific types of California state and federal cases. Find the specific resource you need, when you need it, while understanding how that resource fits into the broader context of your case.
How-To Guides
Spend less time navigating the local rules of court and multiple pages on each court’s website. Let the judges in the California counties and district courts you practice in guide you guide you through the proper procedure. Each How-To Guide provides clear, concise step-by-step guidance, including Judge’s Perspective notes, Practice Notes, and more.
Strategy Notes
The best lawyers always want to know how other experienced practitioners analyze the issues. Strategy Notes give you an outline of the key strategic and tactical considerations you should take into account when analyzing a new development in your practice area, approaching settlement negotiations, or advising your client.
Charts & Checklists
Not everything requires in-depth legal research. Sometimes all you need is a quick overview of the key tasks or issues, or a reminder to not to forget an important step. Includes Cause of Action Checklists that outline the key elements, statutes of limitations, relevant jury instructions, remedies, and damages for a particular claim.
Sample Documents
High-quality templates, forms, and standard clauses, with detailed Guidance Comment annotations explaining the document’s requirements, as well as how, when, or why to adapt the sample language or use an alternate clause. Downloadable in Word, either with or without Guidance Comments.
Included Practice Guides
All practice guides are fully integrated with CEB’s Primary Law with TrueCite, so you don’t have to switch to a different platform to ensure the cases you’re citing are still good law.
Business Entities
Construction
- California Construction Contracts, Defects, and Litigation
- California Mechanics Liens and Related Construction Remedies
- Handling Mechanics Liens and Related Remedies (Private Works)
Financing & Foreclosures
- California Mortgages, Deeds of Trust, and Foreclosure Litigation
- California Real Estate Finance Practice: Strategies and Forms
- Handling a Real Property Foreclosure
Purchases, Sales, Title Transactions & Disputes
Commercial Leasing
- Ground Lease Practice
- Office Leasing: Drafting and Negotiating the Lease
- Retail Leasing: Drafting and Negotiating the Lease
Easements & Boundaries
Landlord-Tenant & Unlawful Detainer
Real Property Litigation
- California Civil Discovery Practice
- California Civil Procedure Before Trial
- California Real Property Remedies and Damages
State & Local Government
Common Interest Developments
Environmental, Land Use & Natural Resources
- California Land Use Practice
- California Subdivision Map Act and the Development Process
- Practice Under the California Environmental Quality Act (CEQA)
Law Practice Management
- California Basic Practice Handbook
- California Client Communications Manual: Sample Letters and Forms
- Fee Agreement Forms Manual
Real Property, Misc.
Trusts & Estates
Still need primary law and secondary sources? Don’t worry, you get those, too.
Practitioner is your all-in-one practical guidance and legal research solution. All subscriptions include CEB’s primary law research tool with TrueCite™, our powerful case law citator. Plus, you get a comprehensive set of curated practice guides in your chosen practice area(s).
Primary Law with TrueCite™
Leverage our best-in-class legal search to find the most relevant content, fast. Narrow your results with advanced filters, including court, cause of action, procedural posture, and disposition. Coverage includes California Court of Appeals and Supreme Court, Ninth Circuit Court of Appeals, and U.S. Supreme Court case law, as well as the California Codes and California Constitution. Plus, TrueCite™’s color-coded treatment flags let you know at a glance whether a case is still good law.
California-Focused Practice Guides
Rely on CEB’s expert community of contributing judges and lawyers to frame and organize the legal issues for you before you dive into case law research or start drafting. The most trusted and comprehensive California-specific practice guides available, in curated practice area libraries that meet the needs of California lawyers.
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