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Introductory Comment

Coming Events

Recent Cases


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An ePublication of the Los Angeles County Bar Association
Volume 7, Number 10 • October 2012 • Archive of Past Issues
Real Property Home Page


Introductory Comment

It's time! If you haven't already signed up for the Crocker Symposium, you should do it now, then read this month's selection of cases.

Sincerely,

Norm Chernin, Editor, Real Property Section Newsletter
E-mail address
: nchernin@firstam.com

Coming Events

Recent Cases

Agreed Boundaries
Doctrine of "agreed boundary" does not apply in the absence of an actual agreement. Longtime acquiescence in the location of a boundary fence will not govern.
Martin v. Van Bergen
filed September 6, 2012, Second District, Div. Six
Cite as 2012 S.O.S. 4627 Full text
Full text

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Eminent Domain
Code of Civil Procedure Section 1240.350, which allows a public entity, in exercising its power of eminent domain, to condemn additional property in order to protect access of an owner whose property is not condemned to a public road, applies only when the protected property is landlocked.
Council of San Benito County Governments v. Hollister Inn, Inc.
filed September 19, 2012, Sixth District
Cite as 2012 S.O.S. 4777
Full text

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Environmental Law
Notice of CEQA exemption filed before final approval of a proposed project is invalid and does not trigger the 35-day statute of limitations set forth in Public Resources Code Section 21167(d). Where plaintiffs alleged that city approved project after it filed notice of exemption, issue of whether claim was time-barred should not have been resolved on demurrer. Plaintiffs lacked standing to pursue a writ of mandate under Code of Civil Procedure Section 1085 against a private entity, based on its failure to apply for an indirect source permit under a rule of an air pollution control district, as the rule did not impose a public duty on the private entity.
Coalition for Clean Air v. City of Visalia (VWR International, LLC)
filed September 14, 2012, Fifth District
Cite as 2012 S.O.S. 4751
Full text

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Equitable Subrogation
Debtor obtained a loan to pay off first and second trust deeds, with lender anticipating that loan would be secured by a new first deed of trust. Debtor--unbeknownst to first lender--obtained another loan secured in part by the same real property, with second lender anticipating its loan would be secured by a third trust deed--but obtained the deed of trust ahead of first lender. Trial court correctly placed each lender in its anticipated position by applying equitable subrogation.
JP Morgan Chase Bank, N.A. v. Banc of America Practice Solutions, Inc.
filed September 27, 2012, Fourth District, Div. Three
Cite as G045943

Full text

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Landlord and Tenant
Policy exclusion for intentional and willful acts, and Insurance Code Section 533's exclusion of coverage for willful acts, did not excuse insurer from defending claims that insureds were vicariously liable for the willful acts of others, in addition to being liable for their own willful acts. Action by United States to enforce antidiscrimination provisions of the Fair Housing Act did not trigger insurer's obligation to defend and indemnify landlord against liability for wrongful eviction, wrongful entry, or invasion of the right of private occupancy. Even if the alleged Fair Housing Act violations were based in part on acts involving wrongful evictions, wrongful entries, or invasions of the right of private occupancy, there was no duty to defend where gravamen of the action itself solely was for housing discrimination under the Fair Housing Act.
Federal Insurance Company v. Steadfast Insurance Company
filed September 24, 2012, Second District, Div. Five
Cite as 2012 S.O.S. 4857
Full text

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Non-judicial Foreclosure
Borrower's evidence that she did not make her mortgage payments because she was relying on lender's representation that it would negotiate a modification of the loan if she fell into arrears--but that lender then refused to negotiate a modification and foreclosed--created triable issues with respect to borrower's claims for negligent misrepresentation, fraud, and intentional infliction of emotional distress, but not for negligent infliction of emotional distress. Civil Code Section 2924g(d), which requires that a non-judicial foreclosure sale be delayed at least seven days following dismissal of an action seeking to enjoin the sale, or the expiration or termination of an injunction blocking the sale, is enforceable by private action, is not preempted by federal law, and applies to an order conditioning relief on bringing a loan current, even if the condition is not met.
Ragland v. U.S. Bank National Association
filed September 11, 2012, Fourth District, Div. Three
Cite as 2012 S.O.S. 4669
Full text

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Promissory Note Default Interest
Trial court erred in ruling that lender was entitled to collect interest at default rate after promissory note matured, where default interest rate provision was part of an acceleration clause that was not triggered before the note matured.
JCC Development Corp. v. Levy
filed August 31, 2012, Second District, Div. One
Cite as 2012 S.O.S. 4571
Full text

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Los Angeles County Bar Association
2012 Real Property Section Newsletter

 

REAL PROPERTY SECTION PUBLICATIONS
Daniel L. Goodkin, Editor, Real Property Section Review
Norman A. Chernin, Editor, Real Property Section Newsletter

SECTION OFFICERS
Chair
Theresa C. Tate

First Vice Chair
Sarah V. J. Spyksma

Second Vice Chair
Norman A. Chernin

Treasurer
Brant Dveirin

Secretary/Crocker Chair
Susan J. Booth

Immediate Past Chair
Gregg J. Loubier

Section Administrator
Fatima Jones

EXECUTIVE COMMITTEE MEMBERS

Eric Altoon
Nedra E. Austin
Susan J. Booth
Claire Hervey Collins
Caroline Dreyfus
Robert T. Flick
Daniel L. Goodkin
Marcia Z. Gordon
Ryan Iwasaka

Linda S. Koffman
Trudi J. Lesser
Peter J. Niemiec
Robert C. Pearman
Leslie D. Reed
D. Eric Remensperger
Michael G. Smooke
Linda E. Spiegel
Andrew J. Yamamoto


SUBSECTION CHAIRS
Commercial Development and Leasing, Nadav Ravid
Construction Law, Shaaron Bangs
Finance, Benjamin Howell
General Real Estate Law, Marybeth Heydt
Land Use Planning and Environmental Law, Glenn Block
Title Insurance, Jesse Hernandez

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Readers are advised that changes in the law may affect the accuracy of this publication or the functionality of links after
the publication date.

The foregoing practice tips were prepared for information purposes only. Such practice tips do not constitute tax, legal or other advice and no responsibility is assumed for any reliance upon them or with respect to assessing or advising the reader as to tax, legal, or other consequences arising from a particular situation. The accuracy of the information
provided should be independently verified by the reader and should not be treated as authoritative.