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Real Property Section Newsletter
County, in approving commercial real estate project, was not required to prepare and recirculate a revised draft EIR to include an alternative project proposed by the staff of its Planning Commission--because the staff alternative was not "significant new information" within the meaning of the CEQA Guidelines--and was not required to make findings regarding the feasibility of the staff alternative. The alternative was proffered after preparation of the final EIR, and adequate alternatives were discussed in the EIR.
South County Citizens for Smart Growth v. County of Nevada (KKP Lake of the Pines, LLC) - filed October 8, 2013, publication ordered November 6, 2013, Third District
Cite as 2013 S.O.S. C067764
Full text http://www.metnews.com/sos.cgi?1113//C067764
Substantial evidence supported city’s decision to treat changes in project as insubstantial, and not affected by new information-—and thus not requiring a new EIR, per Public Resources Code Sec. 21166 and CEQA Guidelines Sec. 15162. All of the changes that plaintiff contended would result in significant impacts were addressed in a completely revised and updated general plan.
Latinos Unidos de Napa v. City of Napa - filed October 10, 2013, publication ordered November 5, 2013, First District, Div. One
Cite as 2013 S.O.S. A134959
Full text http://www.metnews.com/sos.cgi?1113//A134959
Trial court abused its discretion by awarding private attorney general fees to petitioner who prevailed in mandate action challenging a California Coastal Commission restriction on future use of shoreline protective devices. Petitioner’s action did not benefit the public at large, and the personal benefit to petitioner--an opportunity to make valuable improvements to his property--far exceeded the costs of the litigation.
Norberg v. California Coastal Commission - filed October 25, 2013, publication ordered November 15, 2013, Fourth District, Div. Three
Cite as 2013 S.O.S. G047522
Full text http://www.metnews.com/sos.cgi?1113//G047522
"Competitive bidding," as used in county’s contracting ordinance and related statutes, implicitly incorporates the "lowest responsible bidder" requirement. Where lowest responsible bidder requirement was not applied, bidders were misled and did not compete on a level playing field. Trial court was required to grant writ invalidating contract even in the absence of favoritism, fraud or corruption.
Eel River Disposal and Resource Recovery, Inc. v. County of Humboldt - filed November 5, 2013, First District, Div. Two
Cite as 2013 S.O.S. A135744
Full text http://www.metnews.com/sos.cgi?1113//A135744
Plaintiff who was assigned rights to a judgment against defendant had no right to sue on the judgment since the assignor was a suspended corporation at the time of the assignment. A suspended corporation lacks capacity to enforce a judgment and/or maintain a lawsuit. Plaintiff assignee "stands in the shoes" of the suspended corporation and likewise lacks capacity to maintain the action. Defendant’s failure to timely assert an incapacity defense does not amount to a waiver of the defense in instances where the suspended assignor corporation announces that it does not intend to pay its delinquent taxes.
Cal-Western Business Services, Inc. v. Corning Capital Group - filed November 6, 2013, Second District, Div. Seven
Cite as 2013 S.O.S. B241714
Full text http://www.metnews.com/sos.cgi?1113//B241714
Lenders have a duty to borrowers to act in good faith and not make material misrepresentations about the status of an application for a loan modification or the status of a foreclosure sale. Because plaintiff alleged that defendant falsely represented it would not foreclose on his home during a review period, plaintiff can plausibly state a cause of action and should be given an opportunity to amend his complaint.
Lueras v. BAC Home Loans Servicing, LP - filed October 31, 2013, Fourth District, Div. Three
Cite as 2013 S.O.S. G046799
Full text http://www.metnews.com/sos.cgi?1113//G046799
-Real Property Litigation-
Ex parte orders continuing trial, as disability accommodations to defendant under California Rule of Court 1.100, were erroneously granted. Plaintiff was denied the opportunity to view the documents on which defendant relied and the opportunity to be heard. Plaintiff was prejudiced in that he continued to pay the mortgage and maintenance costs on the parties’ former residence—for which plaintiff was suing to recover possession-—while defendant lived there rent-free.
Vesco v. Superior Court (Newcomb) - filed November 6, 2013, Second District, Div. Six
Cite as 2013 S.O.S. B249447
Full text http://www.metnews.com/sos.cgi?1113//B249447
Code of Civil Procedure Section 1170.5 does not authorize the court to conduct a bench trial in lieu of a jury trial when a defendant fails to deposit money into an account as ordered by the court following a Section 1170.5 hearing. The only statutory remedy available to the court under such a circumstance is to advance the trial date. In unlawful detainer matters, Section 1170.5 limits the amount that a court can require to be deposited to prospective damages a landlord may suffer as the result of granting a continuance of the trial date to a tenant in possession. The deposit of past rent or damages is not authorized under the statute. Court erred when it denied defendant the right to a jury trial after defendant failed to post past-due rent pursuant to its order.
Garcia v. Cruz - filed November 6, 2013
Cite as 2013 S.O.S. JAD13-12
Full text http://www.metnews.com/sos.cgi?1113//JAD13-12
Angeles County Bar Association
2013 Real Property Section Newsletter
REAL PROPERTY SECTION PUBLICATIONS
Daniel L. Goodkin, Editor, Real Property
Norman A. Chernin, Editor, Real Property
Sarah V.J. Spyksma
First Vice Chair
Norman A. Chernin
Susan J. Booth
Nedra E. Austin
Claire Hervey Collins
Robert T. Flick
Daniel L. Goodkin
Marcia Z. Gordon
Laurence L. Hummer
Trudi J. Lesser
Peter J. Niemiec
Robert C. Pearman
D. Eric Remensperger
Michael G. Smooke
Linda E. Spiegel
Andrew J. Yamamoto
Commercial Development and Leasing, Nadav Ravid
Construction Law, James Earle
Finance, Owen Gross
General Real Estate Law, Beth Peterson
Land Use Planning and Environmental Law, Glenn Block
Title Insurance, Susan Vignale
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