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VOLUME 12 | NUMBER 11 | NOVEMBER 2017
 
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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

Last Call for Nominations!!

We are accepting nominations for the prestigious LACBA Real Property Section Outstanding Young Lawyer Award. If you have an attorney in your firm or have worked with an attorney who is exceptional at the practice of law and giving back to the community, please send the following to Linda Spiegel at lespiegelesq@cs.com: nominee's name, position, year and reasons for the nomination. Nominations must be received on or before November 30, 2017. For the Outstanding Young Lawyer Award criteria, click here.


LACBA-Klinger-2

Marilyn Klinger, a partner at Sedgwick LLP, provided great information about Maze or Labyrinth: All the Different Ways to Recover Attorney's Fees in Construction Litigation. Thanks, Marilyn!

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


 
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Coming Events
 

December 6

Ethics in the Representation of Cannabis Clients
California, which led the way in medical marijuana issues, has recently joined a handful of states that permit recreational marijuana.  Given that marijuana is still federally illegal, California attorneys are faced with a growing number of ethical questions about whether to represent cannabis-related clients and how to effectively do so while abiding by the California Rules of Professional Conduct. 

> Click here for more information


January 23

Making Cents of Construction Costs and Damages
All roads in construction claims lead to damages. Whether you represent owners or contractors, dollars represent the end game.

> Click here for more information


January 25

Drafting and Analysis of Insurance and Indemnity Provisions
A seasoned real estate lawyer and an insurance industry expert will explore the different types of insurance and indemnity provisions found in retail and office leases and the multitude of drafting considerations.

> Click here for more information


February 27

Annual Construction Law Update and Flaig Award
All roads in construction claims lead to damages. Whether you represent owners or contractors, dollars represent the end game.

> 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 -

Conditions on a project endorsed by a governmental agency do not constitute mitigation where the record shows those conditions were not the basis for the agency's conclusion that the project qualified for a categorical exemption from California Environmental Quality Act.

Protect Telegraph Hill v. City and County of San Francisco - filed Sept. 14, 2017, publication ordered Oct. 13, 2017, First District, Div. Three
Cite as 2017 S.O.S. 5055
Full text click here >

 
- Charter Cities -

Government Code Sec. 65700(a) leaves the nature of the general plan amendment process entirely to the discretion of charter cities. A charter city's specific plan was not void since charter cities are exempt from the Government Code's requirement for consistency between specific development plans and the city's general plan.

The Kennedy Commission v. City of Huntington Beach - filed Oct. 31, 2017, Fourth District, Div. Two
Cite as 2017 S.O.S. 5313
Full text click here >

 
- Clean Water Act -

The Clean Water Act allows the Environmental Protection Agency to require National Pollution Discharge Elimination permits for industrial storm water discharges, but the EPA has not exercised this authority. Since the CWA places no legal requirements on industrial storm water discharges, there can be no inconsistent requirements with the Resource Conservation and Recovery Act.

Ecological Rights Foundation v. Pacific Gas and Electric Co. - filed Nov. 2, 2017
Cite as 2017 S.O.S. 15-15424
Full text click here >

 
- Condemnation -

A district court abused its discretion by declining to stay federal proceeding seeking condemnation of a property when there was a pre-existing state court proceeding which involving the same property and overlapping issues which are governed by state law, and where the state court is able to resolve all the issues and adequately protect the rights of the litigants.

Montanore Minerals Corporation v. Bakie - filed Oct. 18, 2017
Cite as 2017 S.O.S. 15-35707
Full text click here >

 
- Eminent Domain -

A decrease in the value of property caused by limitations on its use imposed by regional airport authority's new land use compatibility plan did not constitute a governmental taking because the plan is not a final determination with respect to the permissible use of property.

Dryden Oaks v. San Diego County Regional Airport Authority - filed Sept. 26, 2017, publication ordered Oct. 19, 2017, Fourth District, Div. One
Cite as 2017 S.O.S. 5130
Full text click here >

 
- Landlord Tenant -

A landowner does not have a duty to assist invitees in crossing a public street when the landowner does no more than site and maintain a parking lot that requires invitees to cross the street to access the landowner's premises, so long as the street's dangers are not obscured or magnified by some condition of the landowner's premises or by some action taken by the landowner.

Vasilenko v. Grace Family Church - filed Nov. 13, 2017
Cite as 2017 S.O.S. 5479
Full text click here >


A settlement agreement barring a landlord from re-renting certain apartment units for 10 years is an unenforceable prohibition in direct contradiction of the Ellis Act; public entities cannot avoid the Ellis Act's prohibitions by acting through contract.

City of West Hollywood v. Kihagi - filed Sept. 29, 2017, publication ordered Oct. 26, 2017, Second District, Div. One
Cite as 2017 S.O.S. 5261
Full text click here >


A landlord's attempt to fraudulently evict a tenant was sufficiently reprehensible to merit an award of punitive damages where the landlord's conduct left the tenant without a home, food and clothing. The tenant was unable to financially absorb the blow inflicted by the landlord, and the landlord had already made other baseless attempts to evict the tenant. A defendant is in the best position to know his or her financial condition, and cannot avoid a punitive damage award by failing to cooperate with discovery orders. Noncompliance with a court order to disclose financial condition precludes a defendant from challenging the sufficiency of the evidence of a punitive damages award on appeal.

Fernandes v. Singh - filed Oct. 4, 2017, publication ordered Nov. 2, 2017, Third District
Cite as 2017 S.O.S. 5321
Full text click here >

 
- Partition -

Because a co-owner of property has an absolute right to partition unless barred by a valid waiver, language in a settlement agreement providing that its terms "shall not prevent" the parties from filing a partition action does not imply the creation of a new right, but the preservation of an existing right. Since the right to partition was not a provision of the settlement agreement, a party who prevailed on a partition action did not prevail on an action to enforce the agreement, and under the terms of the agreement, she was not entitled to an award of attorney fees. The presence of contested issues does not bar the allocation of fees in partition actions.

Orien v. Lutz - filed Nov. 3, 2017, Second District, Div. Eight
Cite as 2017 S.O.S. 5351
Full text click here >

 
- Unlawful Detainer -

In denying a motion to quash an unlawful detainer summons, the trial court may not restrict a defendant's responsive pleading to an answer.

Van Butenschoen v. Flaker; Superior Court of California, County of Los Angeles - filed Oct. 16, 2017
Cite as 2017 S.O.S. 5258
Full text click here >

 
- Urban Decay -

Substantial evidence supports the conclusion that the type of physical deterioration embodied in the term "urban decay" is not a reasonably foreseeable consequence of withdrawing judicial functions from the downtown area of a small town and relocating them to a new building that will not siphon business from downtown.

Placerville Historic Preservation League v. Judicial Council of California - filed Sept. 15, 2017, publication ordered Oct. 16, 2017, First District, Div. Two
Cite as 2017 S.O.S. 5050
Full text click here >

 
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