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VOLUME 15 | NUMBER 10 |OCTOBER 2020
 
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IN THIS ISSUE
 
Introductory Remarks
>
Coming Events
>
CLE Anytime
>
Recent Cases
>
 

The Real Property Section Newsletter is published monthly by the Real Property Section.

Editor:
Rachel M. Sanders
Senior Counsel | Real Estate Litigation
Allen Matkins Leck Gamble Mallory & Natsis LLP
rsanders@allenmatkins.com

 

Real Property Executive Committee:

SECTION OFFICERS

Chair
Kelsey M. Thayer 

Vice Chair (Programming)
Teresa Y. Hillery 

Vice Chair (Communications)
Rachel M. Sanders

Vice Chair (Membership)
Daniel K. Liffmann

Treasurer
Owen P. Gross

Secretary
Trudi J. Lesser

Immediate Past Chair
Eric A. Altoon

 

EXECUTIVE COMMITTEE MEMBERS

Norman A. Chernin
Claire Hervey Collins
Caroline Dreyfus
Brant H. Dveirin
Kimia Ghalambor
Marcia Gordon
Jane L. Hinton
Laurence L. Hummer
Danielle Katzir
Linda E. Spiegel
Ira J. Waldman

Law School Liaison
Misty M. Sanford

Barrister’s Liaison (non-voting)
Vivienne Chen

Section Administrator
Fatima Jones

 

SUBSECTION CHAIRS

Commercial Development and Leasing Subsection, Co-Chairs
Steven Farenbaugh
Dan Villalpando

Construction Law Subsection, Chair
John D. Hanover

General Real Property Subsection, Co-Chairs
Michael Davis
Joe Dzida

Land Use Planning and Environmental Law, Subsection Chair
Julie Hamill

Real Estate Finance Subsection, Co-Chairs
Mark Hikin
Gretta Moy

Title Insurance Subsection, Co-Chairs
James H. Treadwell

 

PAST CHAIRS

Roy H. Aaron*
Eric A. Altoon 
Michael J. Bayard
Stephen M. Blitz
Susan J. Booth
Elizabeth Spedding Calciano
Robert E. Carter
Norm Chernin
R. Bradbury Clark*
Claire Hervey Collins 
Professor William Coskran
Caroline Dreyfus
Anson Dreison*
Brant H. Dveirin
Peter Gelles
Gail Gordon
Byron Hayes, Jr.
Gordon Hunt
Bryan C. Jackson
Michael S. Klein
Preston Kline*
Bernard Kolbor
Robert Krueger*
Mark L. Lamken*
Marvin Leon
Gregg J. Loubier
Victor I. Marmon
Jerold L. Miles
O’Malley M. Miller
Rodney Moss*
Donald C. Nanney
Gytis L. Nefas
Carl B. Phelps
Laurence G. Preble
James D. Richman
Peter E. Robinson
Floyd Sayer*
Margaret J. Schock
Ronald I. Silverman
Sarah V.J. Spyksma
Theresa C. Tate
Timothy M. Truax
Richard S. Volpert
Ira J. Waldman
Alan Wayte
Pamela L. Westhoff
John W. Whitaker
George H. Whitney*
Norma J. Williams
John M. Yunker, Jr.
Paula Reddish Zinnemann

*Deceased

 

 

Introductory Remarks

The Real Property Section’s signature event - Crocker Commercial Real Estate Symposium – returns in a virtual format on November 12, 2020. With panels addressing affordable housing and racial inequities, retail leasing, and loan modifications, all through the lens of the COVID-19 crisis, the event promises to be timely, engaging, and informative. Attendees will earn 3.75 MCLE credits. We encourage you to register today.

Sponsorship opportunities for Crocker are still available. Please contact Rachel Sanders at rsanders@allenmatkins.com to learn more.


Rachel M. Sanders
Editor, Real Property Section Newsletter
E-mail address: rsanders@allenmatkins.com


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Coming Events
 

October 27, 11:00 a.m. -12:00 p.m.
Fall Landlord-Tenant Update and AB 3088: What You NEED to Know About the Latest Changes in Landlord-Tenant in the Era of COVID-19

A discussion on the status of eviction moratoria throughout California and Orange County, including the recent legislation (AB 3088), Judicial Council orders, CDC Order, including where we are now with respect to both residential and commercial tenancies, and what’s to come in the era of COVID-19.

Co-sponsored by LACBA Real Property Section and the Orange County Bar Association

> Click here for more information

November 12, 1:00 p.m. - 6:30 p.m.
Crocker Commercial Real Estate Symposium

This symposium features three panels comprising prominent California attorneys and industry insiders, who will discuss selected trends and developments in commercial real estate that affect practitioners today and will impact the future of commercial real estate. Earn 3.75 MCLE credits!

> Click here for more information

 

LACBA Real Property CLE Anytime

Even if you can't attend our Real Property Section events, you can earn CLE credit by viewing our streaming videos. Here are a few options. Click any link below.

Completion Guaranties: Negotiating and Drafting Tips
Supporting Women Real Estate Attorneys – Empowerment Strategies
Recent Developments in Real Estate Finance
Nuts and Bolts of Commercial Real Estate Foreclosure

 
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Recent Cases
 
- Environmental Law -

The completion of a project to expand a commercial storage facility rendered moot a challenge to the issuance of the building permit allowing for the construction.

Parkford Owners for a Better Community v. County of Placer - filed Aug. 26, 2020, publication ordered Sept. 16, 2020, Third District
Cite as 2020 S.O.S. 4505
Full text click here >

Decisions by the U.S. Department of the Navy to relocate troops from Japan to Guam and to construct training facilities on the Commonwealth of the Northern Mariana Islands were not connected for the purposes of an environmental impact statement; although the two actions have overlapping goals, they have independent utility. By issuing a notice of intent to prepare an EIS for the training and ranges in the CNMI, the Navy has impliedly promised to consider the cumulative effects of the subsequent action in the future EIS.

Tinian Women Association v. U.S. Department of the Navy - filed Sept. 18, 2020
Cite as 2020 S.O.S. 18-16723
Full text click here >

An entity is the operator of a facility for purposes of the Comprehensive Environmental Response, Compensation, and Liability Act if it maintained pervasive control over the location and made the environmental response decisions for the location. The U.S. is not subject to CERCLA liability as a prior operator.

U.S. v. Sterlin Centrecorp - filed Oct. 5, 2020
Cite as 2020 S.O.S. 18-15585
Full text click here >

- Escrow Accounts -

California’s law requiring the payment of interest on escrow accounts is preempted by the Home Owners’ Loan Act of 1933.

McShannock v. JP Morgan Chase Bank NA - filed Sept. 22, 2020
Cite as 2020 S.O.S. 19-15899
Full text click here >

- Foreclosures -

The method available to the holder of a senior trust deed for removal of a junior encumbrance from the property is foreclosure of the junior lienholder’s equitable right of redemption; a junior lienholder may raise the expiration of the statute of limitations as a defense to the senior lienholder’s assertion of priority; the expiration of the statute of limitations on a senior lien also bars the senior lienholder from asserting the priority of its lien in answer to the foreclosure complaint of a junior lienholder.

Robin v. Crowell - filed Oct. 8, 2020, Fifth District
Cite as 2020 S.O.S. 4751
Full text click here >

- Lienholder Rights -

A trial court did not abuse its discretion in subordinating a bank’s lien and confirming the sale of a property free and clear of all liens so that the receiver could remediate the nuisance conditions on the property promptly and effectively. Code of Civil Procedure §568 and Health and Safety Code §17980.7 allow for the payment of a receiver’s remediation fees and costs on a super-priority basis under appropriate circumstances, but it was an abuse of discretion for a judge to equate a county’s enforcement costs with those of the receiver without consideration of the competing claims of other lienholders.

County of Sonoma v. U.S. Bank N.A. - filed Oct. 8, 2020, First District, Div. One
Cite as 2020 S.O.S. 4728
Full text click here >

 
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