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- In This Issue -

Introductory Comment

Coming Events

Recent Cases


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An ePublication of the Los Angeles County Bar Association
Volume 8, Number 3 • March 2013 • Archive of Past Issues
Real Property Home Page


Introductory Comment

For those of you who have been anxious about when you would see the next monthly Newsletter, here it is. As a reminder, the planning efforts for the next Crocker Symposium are now underway. Contact Eric Remensperger at eremensperger@proskauer.com if you would like to participate.

Sincerely,

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

Coming Events

    LACBA Real Property



    The Real Property Law Section of the State Bar is hosting its 32nd Annual Real Property Retreat, featuring a total of 27.75 hours of MCLE credits in a wide variety of real property topics and related legal areas, wine tasting, dinners and other social events. The Retreat will be held at the beautiful Silverado Resort in Napa, CA, from April 26, through April 28, 2013. Come meet lawyers from around the state at an educational, informal and fun event. For more information look here.
    Members of the Real Property Section, LACBA, may register at the member discount rate for members of the State Bar Real Property Law Section.

    Additional Programs
    (Click Here for Details)

    04/16/2013 Equitable Easement (12:30 PM)
    This program will explore the recent judicially created right to use another's property.


    04/18/2013 Real Property Subsection and Publications Cocktail Reception (6:00 PM)
    Attention all Los Angeles-area real estate practitioners - We need you! Looking for a way to get more involved, plan educational programs, write articles and meet some of the most well-regarded real estate attorneys in Los Angeles?


    04/23/2013 Are You Covered? (12:30 PM)
    Please join us at this not-to-be-missed program, intended to provide attorneys with an understanding of the types and applications of insurance products available for construction projects, and the range of coverage provided.


    04/25/2013 Bankruptcy Filings by Cities (12:30 PM)
    Many municipalities are experiencing or will experience significant fiscal distress. This program will explore the common sources of fiscal distress for municipalities and some of the avenues for addressing the problems, including Chapter 9.


    05/07/2013 2013 California Tax Practitioners' Conference (8:30 AM)
    Join us for the 2013 California Tax Practitioners' Conference, which promises to attract California's most powerful and respected tax professionals for a day of continuing educational seminars and interactive dialogue.


    05/15/2013 Financing Your Public-Private Deal – 2013 and Beyond (5:30 PM)
    Timed to coincide with major developments in the laws and practice, this program features a distinguished panel that will look at existing and evolving financing structures and sources for developing major commercial real estate projects.


    06/05/2013 2nd Annual Barristers Summer Bash: House of Barristers (6:00 PM)
    Join LACBA Barristers at the world-famous House of Blues for a night of food, fun, and live entertainment. Meet and mingle with law students, summer associates, government and public interest summer interns, and new attorneys in Los Angeles.

     

     

Recent Cases

Adverse Possession
Trial court has discretion to apply the defense of unclean hands when a party claiming adverse possession engages in deceitful interference with the true owner’s ability to defeat the claim. Trial court did not abuse its discretion in applying defense of unclean hands against a claimant who recorded a quitclaim deed she knew to be bogus, and who was knowledgeable about adverse possession and therefore knew she did not need to record the quitclaim deed but did so for the sole purpose of diverting tax bills away from the true owner of the property.
     Aguayo v. Amaro - filed January 31, 2013, Second District, Div. Three
     Cite as 2013 S.O.S. 850
     Full text http://www.metnews.com/sos.cgi?0213//B231194

CEQA
EIR for mining project adequately analyzed hydrological impacts on flowing river carrying both water and sediment where negative impacts were possible, but unlikely, and potentially significant impacts could be mitigated. EIR’s analysis of project’s effect on water usage was sufficient where it amply considered the cumulative impact of the project on water supply. No independent examination of the impact on water usage was necessary because the project had no significant cumulative impact under the more stringent cumulative-impact threshold. Lack of substantial evidence supporting EIR’s conclusion that project would have no significant impact on water quality was not prejudicial where developer was required to ensure that no groundwater be exposed at any depth.
     Save Cuyama Valley v. County of Santa Barbara (Troesh Materials, Inc.) - filed January 10, 2013, publication ordered February 8, 2013, Second District, Div. Six
     Cite as B233318
     Full text http://www.metnews.com/sos.cgi?0213//B233318

CEQA
City’s environmental impact report was inadequate where it failed to consider any feasible alternative to proposed project.
     Habitat and Watershed Caretakers v. City of Santa Cruz (Regents of the University of California) - filed February 19, 2013, Sixth District
     Cite as H037545A
     Full text http://www.metnews.com/sos.cgi?0213//H037545A

Escrow
The $75 charged by escrow company’s notary did not violate Government Code Section 8211 because notary provided services other than just taking acknowledgments. Attorney fees awarded to escrow company were unconscionable, however, because the provision in the contract was hidden in more than one way and was unfairly one-sided and well beyond the expectations of plaintiff as the non-drafting party.
     Hutton v. Fidelity National Title Company - filed January 31, 2013, Fifth District
     Cite as F063318
     Full text http://www.metnews.com/sos.cgi?0213//F063318

Loan Modification
Trial court erred in taking judicial notice of a purchase and assumption (P&A”) agreement between Federal Deposit Insurance Corporation and a financial institution in ruling that the institution was not liable as a matter of law for the alleged misdeeds of its predecessor with respect to a loan. A factual dispute existed as to whether the publicly disclosed P&A agreement relied upon by the trial court constituted the entirety of the parties’ agreement, and none of the grounds for taking judicial notice of a disputed document applied. Acquiring bank owes predecessor’s borrowers a duty of ordinary care, and a triable issue as to whether defendant breached that duty existed. There was evidence defendant failed to review plaintiff’s request for a loan modification in good faith--having decided in advance it would extend no further monies in connection with loans made by its predecessor--and defendant’s employees gave plaintiff false assurances about the prospects for modification, while defendant’s actual decision makers were bent on foreclosure.
     Jolley v. Chase Home Finance, LLC - filed February 11, 2013, First District, Div. Two
     Cite as A134019
     Full text http://www.metnews.com/sos.cgi?0213//A134019

Rent Control
Local ordinance exempting "detached" single-family dwellings from rent control does not apply to a unit that is part of a larger building with multiple spaces where other units are rented, even if those units have separate mailing addresses.
     ABCO, LLC v. Eversley - filed February 14, 2013, Second District, Div. Five
     Cite as 2013 S.O.S. 847
     Full text http://www.metnews.com/sos.cgi?0213//B239347

Los Angeles County Bar Association
2013 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
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


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.

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