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VOLUME 13 | NUMBER 1 | JANUARY 2018
 
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IN THIS ISSUE
 
Introductory Remarks
>
Coming Events
>
CLE Anytime
>
Recent Cases
>
 

The Real Property Section Newsletter is published monthly by the Real Property Law Section.

Editor:
Teresa Y. Hillery
Vice President and Trial Counsel
Fidelity National Law Group
Teresa.Hillery@fnf.com

 

Real Property Executive Committee:

SECTION OFFICERS

Chair
Caroline Dreyfus

First Vice Chair
Claire Hervey-Collins

Second Vice Chair
Eric Altoon

Treasurer
Misty Sanford

Secretary
Nedra E. Austin

Immediate Past Chair
Susan J. Booth

Barristers Liaison
Christopher Bordenave

Section Administrator
Fatima Jones

 

EXECUTIVE COMMITTEE MEMBERS

Janna Boelke
James Earle
George Fatheree
Daniel L. Goodkin
Owen P. Gross
Marybeth Heydt
Teresa Y. Hillery
Ben Howell
Laurence L. Hummer
Donna E. Kirkner
Trudi Lesser
Daniel K. Liffmann
Linda E. Spiegel
Kelsey M. Thayer
Loretta Thompson
Seth Weissman

 

EMERITUS MEMBERS

Michael Bayard
Elizabeth Spedding Calciano
Norm Chernin
Brant H. Dveirin
Peter Gelles
Byron Hayes
Gordon Hunt
Bryan Jackson
Michael Klein
Mark Lamken
Gregg Loubier
Victor Marmon
Jerold L. Miles
O'Malley Miller
Donald Nanney
Gytis Nefas
Sarah Spyksma
Theresa Tate
Timothy Truax
Richard Volpert
Ira Waldman,
Pamela Westhoff
Norma Williams

 
SUBSECTION CHAIRS

Commercial Development and Leasing
Marcia Gordon
Construction

L. Adam Winegard
Finance
Jane Hinton
General Real Property
Rachel Sanders
Land Use Planning & Environmental Law
Beth Hummer
Title Co-Chairs
Brendan B. Penney
Vanessa A. Widener

 

 

Introductory Remarks

Happy New Year!  Please let us know how we can better meet your professional needs for education, social networking, and other benefits of membership in your Section.  We value your feedback.

Sincerely,
Teresa Y. Hillery
Editor, Real Property Section Newsletter
E-mail address: Teresa.Hillery@fnf.com


 
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Coming Events
 

February 27

Annual Construction Law Update and Flaig Award
This year's Annual Update portion of the program will be presented by the Construction Law Group from Sheppard Mullin Richter & Hampton. The program will cover new developments in California Construction Law in 2017. The handout materials from this program should be considered a "must have" for anyone who practices in the construction law area.

> Click here for more information


March 20

Silly and Sometimes Stupid Opinion Requests
Our panelists will discuss legal opinions for real estate finance transactions. While touching on the opinions required—including authority, enforceability, and property-related opinions and the assumptions, limitations, and qualifications that counsel should include to limit exposure, the panel will focus on the sublime and absurd opinion requests from which we can all derive some good substantive lessons.

> Click here for more information


March 27

Compliance 101
Are you confused about understanding and meeting the requirements of Prevailing Wage Compliance and Project Labor Agreements? Not sure how to interpret and apply the new public works regulations? Join us as we dive into each topic and learn what you need to know to help your clients succeed on their projects.

> Click here for more information


April 24

The Art of the Archive
Document retention is a critical legal and administrative issue for construction and design firms. The basic question is simple: How long do I keep this paper/email/report/roll of plans, and what is the best method to store it? To answer this question requires knowledge of both the law and best practices in the industry. We’ll examine how to advise your construction client regarding document retention from a practical and legal perspective, and explore workable principles that you can use to help construction and design professionals manage documents with confidence.

> Click here for more information

 
 

LACBA Real Property CLE Anytime

Even if you can't attend our Real Property Section events, you can earn CLE credit by viewing our streaming videos. Here are a few options. Click any link below.

A Practical Guide to the Subdivision Map Act
Annual Construction Law Update and Flaig Award
Arbitration Provisions in Leases and Purchase and Sale Agreements: Considerations and Insights

 
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Recent Cases
 
- CEQA -

A project that involves the destruction of a building that is eligible for listing in the California Register of Historical Resources is deemed to have a significant effect on the environment for purposes of the California Environmental Quality Act. While an environmental impact report for such a project must consider and discuss feasible alternatives that would avoid or lessen any significant adverse environmental impact, the EIR does not need to include design plans for such project alternatives.

Los Angeles Conservancy v. City of West Hollywood (Charles Co.) - filed Nov. 30, 2017, publication ordered Dec. 22, 2017, Second District, Div. One
Cite as 2017 S.O.S. 6436
Full text click here >

The fact that a party had a pecuniary interest in initiating litigation under the California Environmental Quality Act does not automatically signify more altruistic concerns played no role in the decision, but if the trial court finds that the plaintiff's potential benefits was such that an individual in the plaintiff's position could reasonably have been expected to incur attorney fees if the amount of the fee bore a more reasonable relation to such benefit, the trial court, in awarding fees under Code of Civil Procedure Sec. 1021.5, may deduct from the total reasonable attorney fee an amount reflecting the fee that the plaintiff could reasonably have been expected to bear. A trial court erred in concluding that a subjective standard applied when evaluating a party's personal stake in the outcome of litigation under Sec. 1021.5, but this error was harmless since the court did not rely on its own arbitrary assessment in deciding the fees motion.

Heron Bay Homeowners Association v. City of San Leandro (Halus Power Systems) - filed Jan. 12, 2018, First District, Div. Four
Cite as 2018 S.O.S. 245
Full text click here >

 
- EPA -

The Environmental Protection Agency has a duty to update its lead-based paint and dust-lead hazard standard stemming from the Toxic Substances Control Act and the Residential Lead-Based Pain Hazard Reduction Act of 1992.

In re A Community Voice - filed Dec. 27, 2017
Cite as 2017 S.O.S. 16-72816
Full text click here >

 
- Foreclosure -

When a complaint seeks a temporary stay of foreclosure pending review of a loan modification application pursuant to the California Homeowners Bill of Rights, neither the value of the property nor the amount of the indebtedness constitutes the amount in controversy related to that injunctive relief.

Corral v. Select Portfolio Servicing - filed Dec. 27, 2017
Cite as 2017 S.O.S. 15-16574
Full text click here >

 
-Wrongful Foreclosure -

Claim preclusion did not disallow a plaintiff's claims for unlawful foreclosure predicated on additional factual allegations, even though the plaintiff had previously sued the same defendant for unlawful foreclosure, because the prior case had not been dismissed on its merits. For this same reason, the plaintiff's act of filing the second lawsuit did not contravene the rule against splitting a cause of action.

Boyd v. Freeman - filed Dec. 20, 2017, Second District, Div. Four
Cite as 2017 S.O.S. 6378
Full text click here >

 
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