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VOLUME 12 | NUMBER 4 | APRIL 2017
 
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IN THIS ISSUE
 
Introductory Remarks
>
Coming Events
>
Save the Date!
>
Recent Cases
>
 

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

Editor:
Teresa Y. Hillery
Vice President and Trial Counsel
Fidelity National Law Group
Teresa.Hillery@fnf.com

 

Real Property Executive Committee:

SECTION OFFICERS

Chair
Susan J. Booth

First Vice Chair
Caroline Dreyfus

Second Vice Chair
Claire Hervey-Collins

Treasurer
Eric Altoon

Secretary
Misty Sanford  

Immediate Past Chair
Brant Dveirn  

Barristers Liaison
Christopher Bordenave

Section Administrator
Fatima Jones

 

EXECUTIVE COMMITTEE MEMBERS

Nedra E. Austin
Janna Boelke
James Earle
George Fatheree
Robert T. Flick
Daniel L. Goodkin
Owen P. Gross
Marybeth Heydt
Teresa Y. Hillery
Ben Howell
Laurence L. Hummer
Trudi Lesser
Kyle B. Marks
Beth Peterson
Linda E. Spiegel
Kelsey M. Thayer
Loretta Thompson
Seth Weissman

 

EMERITUS MEMBERS

Michael Bayard
Norm Chernin
Peter Gelles
Byron Hayes
Gordon Hunt
Bryan Jackson
Michael Klein
Mark Lamken
Gregg Loubier
Victor Marmon
O'Malley Miller
Donald Nanney
Gytis Nefas
James Richman
Ronald Silverman
Sarah Spyksma
Theresa Tate
Timothy Truax
Richard Volpert
Ira Waldman,
Pamela Westhoff
Norma Williams
Paula Reddish Zinneman

 
SUBSECTION CHAIRS

Commercial Development and Leasing
Marcia Gordon
Construction Law
Donna Kirkner
Finance
Jane Hinton
General Real Property
Rachel Sanders
Land Use Planning & Environmental Law
Beth Hummer
Title Insurance
Zi Lin

 

 

Introductory Remarks

Join the Real Property Section Today!

The Section offers excellent opportunities to enrich your practice and connect with the real estate community, including topical substantive programs and networking events. Connected to Facebook? If so, check out our Section’s Facebook page at Real Property Section, Los Angeles County Bar Association. If you have any questions about the benefits of membership or would like to get more involved, please contact the Section’s Membership Chair, Kelsey Thayer, at kthayer@spcllp.com.

Sincerely,
Teresa Y. Hillery
Editor, Real Property Section Newsletter
E-mail address: Teresa.Hillery@fnf.com


 
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Coming Events
 
Lease Negotiations
May 3, 2017
12:30—1:30 p.m.

Drafting and negotiating lease agreements are core skills for well-rounded real estate practitioners.  Join renowned real estate attorneys Michael Meyer and Tony Natsis for a lively discussion on lease negotiations from both the tenant-side and landlord-side perspectives.

> Click here for more information
 
Marijuana and California Real Estate
May 10, 2017
12:30—1:30 p.m.

This program will be an overview of the old and new legislation on legalization of marijuana in California with a focus on Los Angeles, and how legalization affects real estate and real estate lawyers in particular.

> Click here for more information
 
Business Skills for Real Estate Lawyers
May 13, 2017
9:30—2:30 p.m.

This half-day course will provide lawyers with the financial knowledge and skills they need to analyze a wide variety of real estate investments, and illustrate how to apply that knowledge to purchase and sale transactions, project financing, restructuring, and litigation.

> Click here for more information
 
Allocation of Risk in Springing Guaranties
May 17, 2017
12:30—1:30 p.m.

A panel including both "Borrower" and "Lender" counsel will discuss what is or isn't a recourse carve-out and whether such items should be "above or below the line", with a discussion of the impact of legal principles in considering such risk allocation.

> Click here for more information
 
Ethical Considerations of Representing Entities
May 25, 2017
12:30—1:30 p.m.

Ethical Considerations of Representing Entities (LLCs and Corporations) and Their Members and Officers in Real Estate Transactions.

> Click here for more information
 
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Save the Date!
 
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June 21, 2017
City Club Los Angeles
6:00 p.m. Reception
7:00 p.m. Dinner

Sandra Yavitz, Real Estate Industry Award
Philip G. Nichols, Outstanding Real Estate Attorney
George Fatheree III & Grace Winters, Outstanding Young Lawyers
Jona Goldrich, Ira E. Yellin Posthumous Award

 
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Recent Cases
 
- CEQA -

County's process of modernizing some of its zoning regulations did not constitute a single project under CEQA, so separate consideration and passage of such regulations did not violate the CEQA prohibition against piecemeal review. Negative declaration for hotel development ordinance was adequate where future hotel developments were wholly speculative at the time the negative declaration was adopted.

Aptos Council v. County of Santa Cruz - filed Mar. 30, 2017, Sixth District
Cite as 2017 S.O.S. 1707
Full text click here>

 

Board of supervisors’ modification of a project, after tentative approval but before final approval, was proper under the California Environmental Quality Act. County properly adopted findings, a statement of overriding considerations, and a mitigation plan concurrently with its final approval. Modifications did not require recirculation of the final EIR. Final EIR adequately analyzed impacts of the development based on developers’ plan to create a "continuing care retirement community," notwithstanding possibility that such plan might change.

Residents Against Specific Plan 380 v. County of Riverside - filed Mar. 14, 2017, publication ordered Mar. 15, 2017, Fourth District, Div. Two
Cite as 2017 S.O.S. 1386
Full text click here >

 
- Clean Air Act -

Federal government's partial ownership of a coal-fired power plant did not eliminate any deference to the EPA's interpretation of the Clean Air Act and its implementing regulations. "Federal Implementation Plan" to limit emissions from plant was not subject to the Clean Air Act's five-year limit to implement "best available retrofit technology" because plan implemented a "better than BART" strategy.

Yazzie v. United States Environmental Protection Agency - filed Mar. 20, 2017
Cite as 2017 S.O.S. 14-73100
Full text click here >

 

Neither 33 U.S.C. Sec. 1369(b)(1)(E) nor (F) of the Clean Water Act provided court of appeals with subject matter jurisdiction to review an "objection letter" sent by the United States Environmental Protection Agency regarding draft permits for water reclamation plants in California. When a state assumes responsibility for administering the NPDES program, the state becomes the permit-issuing authority, and an EPA objection to a draft permit is merely an interim step in the state permitting process. So where Los Angeles Regional Office of the California State Water Resources Control Board chose to revise the draft permits and retain control of the NPDES permitting process for the plants, and the permits were issued through the State of California, not the EPA, the appropriate avenue for petitioners to seek redress was through the state's review process.

Southern California Alliance of Publicly Owned Treatment Works v. United States Environmental Protection Agency - filed April 12, 2017
Cite as 2017 S.O.S. 14-74047
Full text click here >

 
- Dwelling Demolition Permit -

City did not abuse its discretion in denying property owners a demolition permit for a dwelling where resolution designating the dwelling as a historic resource contained sufficient findings to support the conclusion. The administrative record established that the city followed its mandatory guidelines, even though they were not specifically referred to in the resolution, and the findings were supported by sufficient evidence of the historic value of the property.

Young v. City of Coronado - filed Apr. 4, 2017, Fourth District, Div. One
Cite as 2017 S.O.S. 1752
Full text click here>

 
-ESHA -

California Environmental Quality Act requires that an "environmental impact report identify areas" that might qualify as environmentally sensitive habitat areas under the California Coastal Act of 1976 and account for those areas in its analysis of project alternatives and mitigation measures. An EIR that omitted any consideration of potential ESHA on the project site, as well as ESHA that were already identified, was inadequate as a matter of law.

Banning Ranch Conservancy v. City of Newport Beach (Newport Banning Ranch LLC) - filed Mar. 30, 2017
Cite as 2017 S.O.S. 1683
Full text click here >

 
- Greenhouse Gas Emissions -

Legislature, in passing AB 32 (legislation to control greenhouse gas emissions), gave broad discretion to the State Air Resources Board to design a distribution system, and a system including the auction of some allowances did not exceed the scope of legislative delegation. Even if it did, the Legislature later ratified the auction system by specifying how to use the proceeds derived therefrom. Auction sales of greenhouse gas emissions allowances, as part of board's "cap-and-trade" program, do not constitute a tax and do not require a two-thirds supermajority vote under Proposition 13.

California Chamber of Commerce v. State Air Resources Board - filed April 6, 2017, Third District
Cite as 2017 S.O.S. 1851
Full text click here >

 
-Landlord Tenant-

Where a general release included the defendant's "affiliates," it did not bar a subsequent action against the lessor of the property on which personal injuries were incurred who had no type of ownership, fiduciary, agency, or dependent relationship to the former defendants,

Iqbal v. Ziadeh - filed Mar. 24, 2017, Third District
Cite as 2017 S.O.S. 1589
Full text click here >

 

A minor displaced by an Ellis Act eviction is not a 'tenant' under the San Francisco Rent Ordinance, and therefore is not entitled to a relocation payment.

Danger Panda, LLC v. Launiu - filed Apr. 4, 2017, First District, Div. Four
Cite as 2017 S.O.S. 1794
Full text click here >

 

Under Code of Civil Procedure Sec. 1161b, which permits the "purchaser" of foreclosed-upon residential property, or the purchaser's "successor in interest" to evict tenants upon 90 days notice in order to "occupy the housing unit as a primary residence," plaintiffs--who acquired the property from a relative, who purchased it from bank intending for plaintiffs to live there--were entitled to the rights of a successor in interest.

Epps v. Lindsey; Superior Court of California, County of San Bernardino - filed March 27, 2017
Cite as 2017 S.O.S. 1966
Full text click here >

 
- Subcontractor Indemnification -

For purposes of contract language excusing subcontractor from its duty to indemnify contractor against liability arising from subcontractor's work--where the general contractor was itself negligent or guilty of misconduct, and for purposes of Civil Code Sec. 2782.05, which precludes a general contractor from enforcing any contractual provision that would require subcontractor to indemnify general contractor against liability for general contractor's own negligence or wrongdoing—a general contractor is not absolutely barred from recovering indemnity for its active negligence contributing to injury, but is limited to recovering indemnity for the portion of its liability attributable to the negligence of others.

Oltmans Construction Co. v. Bayside Interiors, Inc. - filed March 30, 2017, First District, Div. Three
Cite as 2017 S.O.S. 1731
Full text click here >  

 
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