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VOLUME 15 | NUMBER 4 | APRIL 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 Law Section.

Editor:
Teresa Y. Hillery
Vice President,
Sr. Commercial Underwriting Counsel
Fidelity National Title - National Commercial Services
Teresa.Hillery@fnf.com

 

Real Property Executive Committee:

SECTION OFFICERS

Chair
Eric A. Altoon

Vice Chair (Programming)
Kelsey M. Thayer

Vice Chair (Communications)
Teresa Y. Hillery

Vice Chair (Membership)
Daniel K. Liffmann

Treasurer
Laurence L. Hummer

Secretary
Rachel Meghan Sanders

Immediate Past Chair
Claire Hervey Collins

 

EXECUTIVE COMMITTEE MEMBERS

Norman A. Chernin
Caroline Dreyfus
Brant H. Dveirin
Marcia Gordon
Owen P. Gross
Danielle Katzir
Linda E. Spiegel
Ira J. Waldman

Law School Liaison
Misty Marie Sanford

Barrister’s Liaison (non-voting)
John Ford

Section Administrator
Fatima Jones

 

SUBSECTION CHAIRS

Commercial Development and Leasing Subsection, Co-Chairs
Trudi J. Lesser
Herman Enayati

Construction Law Subsection, Chair
John D. Hanover

General Real Property Subsection, Co-Chairs
William J. Bernfeld
Stacey A. Villagomez

Land Use Planning and Environmental Law, Subsection Chair
Julie Hamill

Real Estate Finance Subsection, Co-Chairs
Jane L. Hinton
Gretta Moy

Title Insurance Subsection, Co-Chairs
Elmira Rezaei Howard
James H. Treadwell

 

PAST CHAIRS

Roy H. Aaron*
Michael J. Bayard
Stephen M. Blitz
Susan J. Booth
Elizabeth Spedding Calciano
Robert E. Carter
Norm Chernin
R. Bradbury Clark*
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

We hope you and your family are healthy during this COVID-19 pandemic. As we navigate these challenging times together, the Real Property Section continues to provide its membership with valuable programming. And, as an added bonus, our Zoom webinar-only programs for the months of May and June will be free for our section members! So, if you are not a member or need to renew your membership, please take a moment to join or rejoin us. You don’t want to miss the exciting months ahead. Stay safe and encouraged!

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


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Coming Events
 

May 5, 2020 12:30 pm - 1:30 pm
LIBOR Transition — Legal and Transactional Issues

The London Interbank Offered Rate (LIBOR) is an interest rate index used in around $250 trillion of financial instruments including real estate mortgage financing. And chances are, by the end of 2021, the index will no longer be available. How to transition to another index is a difficult matter raising myriad legal issues. Join presenters Amy Williams, Joe Buonanno and Kim MacLeod of Hunton Andrews Kurth as they explore this topic.

> Click here for more information

 
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CLE Anytime
 

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
 
- CEQA -

A plaintiff's claims under the California Environmental Quality Act challenging various land use approvals were time-barred because they were filed more than 30 days after a government agency filed a facially valid notice of decision.

Coalition for an Equitable Westlake/Macarthur Park v. City of Los Angeles - filed April 2, 2020, Second District, Div. Five
Cite as 2020 S.O.S. 1586
Full text click here>

Streets and Highways Code section §103, together with its references to Public Resources Code sections §21080.5 and §21080.9, does not provide Caltrans with an exemption from the California Environmental Quality Act's requirement that an environmental impact report be prepared and circulated before approving the construction of two freeway interchange ramps.

Citizens for Responsible Caltrans Decision v. Department of Transportation - filed March 24, 2020, Fourth District, Div. One
Cite as 2020 S.O.S. 1344
Full text click here>

- EIR -

An air quality agency’s use of a near-peak baseline for a refinery’s air pollution emissions was supported by substantial evidence since federal regulators rely on the same baseline and because petroleum demand fluctuates on a daily basis. Where a proposed project would not affect the types and/or quantities of crude oil feedstocks that can be processed at a refinery, an air quality agency does not need to obtain information about the pre-project composition of the crude oil used in the refinery processes; no law requires an environmental impact report to include unnecessary data.

Communities for a Better Environment v. South Coast Air Quality Management District (Tesoro Refining and Marketing) - filed April 7, 2020, Second District, Div. Eight Cite as 2020 S.O.S. 1674
Full text click here >

- Land Use -

The substance and prerequisite of a local coastal program is the certified land use plan; there cannot be any implementation plan without the land use plan. There is no requirement that an amendment to a land use plan do something less extensive than to replace the plan entirely. Public Resources Code sections §30241 and §30242 do not contemplate a case-by-case or parcel-by-parcel determination of the feasibility of agriculture.

Mountainlands Conservancy v. California Coastal Commission (County of Los Angeles) - filed April 1, 2020, Second District, Div. Eight
Cite as 2020 S.O.S. 1514
Full text click here >

- Lending -

A financial institution generally owes no duty of care to a borrower when the institution’s involvement in the loan transaction does not exceed the scope of its conventional role as a mere lender of money; whether a duty exists depends on the weight of the factors set forth in Biakanja v. Irving, with a focus on whether this is a case where the plaintiff was intended to benefit from the transaction but was harmed by the defendant’s negligence in carrying it out.

Weimer v. Nationstar Mortgage, LLC - filed April 2, 2020, Third District
Cite as 2020 S.O.S. 1567
Full text click here >

- Trespass -

Plaintiffs were entitled to attorney fees under Code of Civil Procedure section 1021.9 where they demonstrated concrete injury to real or personal property by the defendants’ trespass on a farmable parcel they held under a lease and damage to land that was under cultivation and intended for animal foraging; the fact that the trespass did not interfere with an active agricultural operation is not a bar to recovery of fees under §1021.9. A nonsignatory party to a contract cannot get an award of attorney fees under the contract if the party cannot demonstrate that it was a third-party beneficiary to the agreement.

Kelly v. House - filed March 23, 2020, publication ordered April 2, 2020, First District, Div. One
Cite as 2020 S.O.S. 1582
Full text click here >

- Unlawful Detainer -

Failure to provide a legally sufficient notice is a complete defense to an unlawful detainer. The Violence Against Women Act notices set for forth in 24 Code of Federal Regulations Part 5.2005 are required to be served with a 10-day notice to pay rent or quit..

DHI Cherry Glen Associates, L.P. v. Gutierrez; Superior Court of California, County of Yolo - filed Nov. 15, 2019, publication ordered March 11, 2020
Cite as 2020 S.O.S. 1227
Full text click here >

 
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