Vol. III, No. 2 Join the Real Property Section Contact Us
December 2007


Recent Cases

New Legislation

Where county regional park and open space district acquired real property for recreational purposes under Article 3 of Public Resources Code but took no affirmative action to dedicate property to such use, property was nonetheless "dedicated" for park and open space purposes pursuant to Sec. 5565 at time of acquisition, and district’s attempts to convey property were subject to constraints of Sec. 5540.
     Ste. Marie v. Riverside County Regional Park and Open Space District - filed November 13, 2007, Fourth District, Div. Two
     Cite as 2007 SOS 6637
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-Real Estate Brokers-
Evidence that real estate agent working for defendant, a licensed broker, was aware of defects in property purchased by plaintiffs; that plaintiffs were represented in the purchase by another agent working for defendant; that plaintiffs were under erroneous impression that that first agent represented sellers, rather than being an associate of their agent; that plaintiffs, based on that misimpression, presented an offer to first agent, who passed it along to seller's agent; that first agent did not tell plaintiffs or his associate about the defects prior to close of escrow; that plaintiffs first became aware of the defects following rains that occurred a month after they moved in; and that first agent later admitted that he had inspected the premises before they were listed for sale and had noticed the defects at that time was sufficient to establish prima facie case of negligent failure to disclose. Erroneous dismissal of cause of action for negligent failure to disclose was prejudicial, even though jury rejected plaintiffs' claims for fraudulent concealment and breach of the duty to inspect and disclose under Civil Code Sec. 2079, since defendant may have breached its fiduciary duty to disclose material information in its possession even if the defects were not visible during the statutorily required inspection and did not need to be disclosed under Sec. 2079, and even if there was no intent to defraud.
     Michel v. Palos Verdes Network Group, Inc. - filed October 1, 2007, Second District, Div. Eight
     Cite as 2007 SOS 6481
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-Real Property Litigation-
Statute of limitations in federal Quiet Title Act, providing that any action is barred unless commenced within 12 years of date plaintiff or predecessor in interest knew or should have known of claim of United States, is jurisdictional. Oil and gas exploration company’s 2004 quiet title action was time-barred where company’s predecessor, the State of Montana, knew or should have known of United States’ claim resulting from 1926 congressional act.
     Fidelity Exploration and Production Company v. United States - filed November 6, 2007
     Cite as No. 06-35307
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-Rent Control-
Substantial evidence supported hearing officer’s denial of special adjustment where owner failed to rebut presumption that adjustments regularly provided for by ordinance provided sufficient rate of return on mobile home park investment.
     TG Oceanside, L.P. v. City of Oceanside - filed October 19, 2007, publication ordered November 16, 2007, Fourth District, Div. One
     Cite as 2007 SOS 6732
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-New Legislation-
As of January 1, 2008, the form of notarial acknowledgements in California will be changed and recorded documents made available to the public may no longer contain full social security numbers.

See AB 886 and AB 1168 for the text of these new laws passed by the California Legislature and signed by the Governor. 

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Upcoming Events

How Do Lenders and Borrowers Handle a Troubled Real Estate Asset  
Presented by: Real Estate Finance Subsection
The panelists will present a hypothetical workout situation and discuss issues and strategy from a lender and borrower perspective.
Information / Online Registration

4/9/2008 - Note Date Change
Benjamin S. Crocker Symposium on Real Estate Law and Business 2008
For more information please visit

For more information visit the  LACBA Calendar

No time to drive downtown?
Try attending by audio-conference
Available for all programs meeting at LACBA/LexisNexis Conference Center.

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Los Angeles County Bar Association
2007 Real Property Section Newsletter
Daniel L. Goodkin, Editor    *   Norman A. Chernin, Co-Editor

Timothy M. Truax

First Vice-Chair
Donald C. Nanney

Second Vice-Chair
Michael S. Klein

Pamela L. Westhoff

Gregg J. Loubier

Immediate Past-Chair
Norma J. Williams

Paula Reddish K.
Chair Emeritus

Terrina Scott
Section Administrator

Eric Altoon
Nedra E. Austin
Susan J. Booth
Norman A. Chernin
Brant H. Dveirin
Daniel L. Goodkin
Marcia Z. Gordon
John E. Hatherley
William R. Larr
Trudi J. Lesser
Rebecca H. Lessley
Gregg J. Loubier
Phillip G. Nichols
Peter J. Niemiec
Thomas F. Quilling
D. Eric Remensperger
Michael G. Smooke
Linda E. Spiegel
Sarah J. Spyksma
Theresa C. Tate
Valerie Wisot
Andrew J. Yamamoto
Sharon Yarber

David D. Fu
State Bar Liaison

Commercial Development & Leasing, Marcia Z. Gordon
Construction Law, Brian Ostler
Land Use Planning & Environmental Law, Peter J. Niemiec
Real Estate Finance, Susan Booth
General Real Estate Law, Eric A. Altoon
Title Insurance, William R. Larr (Chair) and David Marcus, (Co-Chair)