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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 12 • December 2013 • Archive of Past Issues
Real Property Home Page

Introductory Comment

Easy reading this month.  Enjoy the Holiday Season.  Best wishes for a healthy and prosperous New Year!


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

Coming Events

This program is for lawyers beginning practice in commercial real estate finance as well as experienced practitioners seeking a refresher on commercial mortgage financing.


Dealing with bid protests in the IFB (invitation for bid) and RFP (request for proposal) forums: The good, the bad and the really bad.

The American Industrial Real Estate Association ("AIR") lease forms provide an important resource for the general practitioner called upon to draft a commercial lease.

Recent Cases

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

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

-Coastal Commission-
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

-Construction Law-
"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

-Corporate Capacity-
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

-Lender Liability-
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

-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

-Unlawful Detainer-
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


Los Angeles County Bar Association
2013 Real Property Section Newsletter


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



Sarah V.J. Spyksma

First Vice Chair

Norman A. Chernin

Second Vice Chair
Brant Dveirin

Susan J. Booth

Caroline Dreyfus

Crocker Chair
Eric Remensperger

Section Administrator
Fatima Jones


Eric Altoon
Nedra E. Austin
Claire Hervey Collins
Robert T. Flick
Daniel L. Goodkin
Marcia Z. Gordon
Marybeth Heydt
Laurence L. Hummer
Ryan Iwasaka

Marcia Kamine
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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