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Introductory Comment

Coming Events

Recent Cases

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An ePublication of the Los Angeles County Bar Association
Volume 8, Number 1 • January 2013 • Archive of Past Issues
Real Property Home Page

Introductory Comment

Happy New Year!
To help you prosper in 2013, I have included what I think is an interesting selection of cases for your perusal. Enjoy.


Norm Chernin, Editor, Real Property Section Newsletter
E-mail address

Coming Events

Recent Cases

Fraudulent Conveyance
Fraudulent conveyance claims do not fall within the public rights exception to Article III and cannot be adjudicated by non-Article III judges. Bankruptcy courts may, however, hear and enter proposed findings of fact and conclusions asserted by a bankruptcy trustee against a non-creditor in such cases, subject to de novo review by a federal district court. Furthermore, a defendant's right to an Article III hearing in such a case is waivable.
In re Bellingham Insurance Agency, Inc.
filed December 4, 2012
Cite as 11-35162
Full text:

Court properly voided a settlement agreement that exempted outdoor advertising companies from ordinances prohibiting the alteration of billboards to digital displays, but permits issued under that agreement must be revoked and decided on a case-by-case basis.
Summit Media LLC v. City of Los Angeles (CBS Outdoor Inc.)
filed December 10, 2012, Second District, Div. Eight
Cite as B220198
Full text:

The declaration of a water emergency is not a project within the meaning of the California Environmental Quality Act.
Central Basin Municipal Water District v. Water Replenishment District of Southern California
filed December 10, 2012, Second District, Div. Eight
Cite as B235039
Full text:

Environmental impact report on a city park did not contain improper "piecemeal" review but properly excluded a neighboring residential development even though both were served by the same road.
Banning Ranch Conservancy v. City of Newport Beach (Newport Banning Ranch LLC)
filed December 12, 2012, Fourth District, Div. Three
Cite as G045622
Full text:

Conservation Easements
Fish and Game Department’s failure to comply with its obligation to post "no hunting" signs on property did not extinguish its conservation easement, nor was the department’s prohibition of all hunting on the property inconsistent with the statutes governing same.
Wooster v. Department of Fish and Game
filed November 26, 2012, publication ordered December 11, 2012, Third District
Cite as C068816
Full text:

Construction Law
Design Professionals Liability
Design professionals who provided architectural and engineering services, as well as construction administration and construction contract management, for a residential condominium project owed the homeowners’ association and its members a duty of care in design of the project. Plaintiffs’ allegations that defendants’ professional negligence caused the project to violate residential construction standards established by statute were within the scope of that duty under common law.
Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP
filed December 13, 2012, First District, Div. Five
Cite as A134542
Full text:

Eminent Domain
Flooding cases are not categorically different from the interests at stake in other takings clause cases, and temporary government-induced flooding is not automatically exempt from the takings clause.
 Arkansas Game and Fish Commission v. United States
filed December 4, 2012
Cite as 11-597_i426
Full text:

Eminent Domain
Use of a motion in limine to exclude the entirety of an appraiser’s opinion in an eminent domain action improperly denied the owner of land his right to a jury trial on the question of just compensation.
County of Glenn v. Foley
filed November 26, 2012, publication ordered December 21, 2012, Third District
Cite as C068750
Full text:

Enforcement of Judgments
An assignee judgment creditor can use Code of Civil Procedure Section 1540 to recover unclaimed property that escheated to the State prior to the assignment.
Weingarten Realty Investors v. Chiang
filed December 19, 2012, Fourth District, Div. One
Cite as D061348
Full text:

Landlord and Tenant
The inter-insured claims and suits exclusion in a restaurant's policy applied to liability claims against the restaurant's landlord but did not bar coverage for the landlord's claim against the restaurant for damage from a fire that the restaurant negligently started on the leased premises.
Gemini Insurance Company v. Delos Insurance Company
filed December 5, 2012, Second District, Div. Five
Cite as B239533
Full text:

Leases of Real Property by Government Agencies
The City of San Diego’s leases of land to a nonprofit corporation chartered by the Boy Scouts of America do not violate the No Aid Clause of the California Constitution because the leases constitute, at most, indirect or incidental aid by the City for a religious purpose.
Barnes-Wallace v. Boy Scouts of America
filed December 20, 2012
Cite as 04-55732
Full text:

Mortgage foreclosure requirements
Lender’s default does not bar borrower’s claim that lenders cannot proceed with a non-judicial foreclosure prior to complying with HUD servicing requirements, including a face-to-face interview.
Pfeifer v. Countrywide Home Loans
filed December 13, 2012, First District, Div. Two
Cite as A133071
Full text:

Property Management
City’s policy restricting leafleting in front of public library to a specific "free speech area" was unconstitutional, but trial court abused its discretion in striking down ban on leafleting in parking lot without considering city’s asserted interest in public safety.
Prigmore v. City of Redding
filed December 13, 2012, Third District
Cite as C068866
Full text:

Property Management
Supermarket’s privately owned entrance area is not a public forum under the California Constitution’s liberty of speech provision, so union’s picketing activities in such a location do not have state constitutional protection, but those activities do have statutory protection under the Moscone Act and Labor Code Section 1138.1. Moscone Act and Section 1138.1, which are components of a state statutory system for regulating labor relations and which are modeled on federal law, do not run afoul of the federal constitutional prohibition on content discrimination in speech regulations.
Ralphs Grocery Company v. United Food and Commercial Workers Union Local 8
filed December 27, 2012
Cite as S185544
Full text:

Property Management
Policy exclusion for any "loss or damage caused directly or indirectly by...[w]ater that backs up or overflows from a sewer, drain or sump" unambiguously applied to damage caused when a malfunctioning toilet failed to shut off the intake of water and, because there was a blockage in the sewer line, the toilet overflowed, causing water to leak into the business premises occupied by insured.
Cardio Diagnostic Imaging, Inc. v. Farmers Insurance Exchange
filed December 18, 2012, Second District, Div. Four
Cite as B239145
Full text:

Property Management
Real Property Litigation
An award of attorney fees to a prevailing party in a disability access violation case is mandatory under Civil Code Section 55 and is not preempted by the federal Americans with Disabilities Act.
Jankey v. Lee
filed December 17, 2012
Cite as S180890
Full text:

Real Property Loans
Borrowers’ letters challenging the monthly payment due on their loan were not "qualified written requests" triggering the servicer’s duty to respond under 12 U.S.C. Sec. 2605, because the letters did not seek information relating to the servicing of the loan but rather challenged its terms.
Medrano v. Flagstar Bank, FSB
filed December 11, 2012
Cite as 11-55412
Full text:

Rent Control
Real Property Litigation
Defendant’s alleged violation of Los Angeles Rent Stabilization Ordinance was not a protected activity for purposes of California’s anti-SLAPP statute. Plaintiff made a prima facie showing sufficient to defeat defendant’s special motion to strike claim for malicious prosecution where defendants filed a request for, and received, a voluntary dismissal without prejudice of the underlying claim, and the record showed evidence of hostile communications between the parties.
Oviedo v. Windsor Twelve Properties, LLC
filed November 19, 2012, publication ordered December 18, 2012, Second District, Div. Three
Cite as B237756
Full text:



Los Angeles County Bar Association
2012 Real Property Section Newsletter


Daniel L. Goodkin, Editor, Real Property Section Review
Norman A. Chernin, Editor, Real Property Section Newsletter

Theresa C. Tate

First Vice Chair
Sarah V. J. Spyksma

Second Vice Chair
Norman A. Chernin

Brant Dveirin

Secretary/Crocker Chair
Susan J. Booth

Immediate Past Chair
Gregg J. Loubier

Section Administrator
Fatima Jones


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

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.

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