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VOLUME 15 | NUMBER 8 | AUGUST 2020
 
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IN THIS ISSUE
 
Introductory Remarks
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Coming Events
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CLE Anytime
>
Recent Cases
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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

We are pleased to announce that the Real Property Sections of the Los Angeles County Bar Association and the California Lawyers Association are joining forces for the second year in a row to host the Crocker Commercial Real Estate Symposium, to be held virtually on November 12, 2020. Keep an eye out for an email containing additional details and registration information. Please contact Rachel Sanders at rsanders@allenmatkins.com if you are interested in learning more about sponsorship opportunities at Crocker.

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


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Coming Events
 

September 1, 12:30 p.m. - 1:30 p.m.
Top 10 Real Estate Cases of 2019 and 2020

This program will cover important cases, decided by California courts in 2019 and 2020, that will impact the practice of real estate law in California. The program is designed to give a quick overview of important developments in the law that all real estate lawyers in California should know about.

> 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
 
- Eminent Domain -

A public entity desiring to retain condemned property under Code of Civil Procedure §1245.245 has to adopt its initial and reauthorization resolutions within 10 years of each other; the 10-year deadline is based on the date of the final adoption, and local law fixes the date when a resolution is finally adopted. Under the city charter for the City of Los Angeles, a resolution is finally adopted once the city council has enacted the resolution and it has either been approved by the mayor, or vetoed by the mayor, but overridden by the city council.

Rutgard v. City of Los Angeles - filed July 30, 2020, Second District, Div. Two
Cite as 2020 S.O.S. 3518
Full text click here >

- Endangered Species Act -

A petition for review challenging a pesticide registration order in a court of appeal must be filed within 60 days after entry of such order; where the date of entry was not explicitly provided on the notice of registration, the date of entry will be two weeks after the notice of registration was signed. The National Resource Defense Council and Center for Food Safety had associational standing to bring Federal Insecticide, Fungicide, and Rodenticide Act claims challenging the Environmental Protection Agency’s decisions to register Enlist Duo in 2014, 2015, and 2017; since one CFS member had Article III standing, the organization had associational standing to bring Endangered Species Act Claims as well. The standard for unconditional registration is higher than the standard for conditional registration. If an action will have no effect, no consultation with the expert agencies is needed under the Endangered Species Act.

National Family Farm Coalition v. U.S. Environmental Protection Agency - filed July 22, 2020
Cite as 2020 S.O.S. 17-70810
Full text click here >

- Environmental -

Public Resources Code §21167.6 specifies the documents that have to be included in the record of proceedings, and the statute requires that these documents be retained by the lead agency.

Golden Door Properties, LLC v. Superior Court of San Diego - filed July 30, 2020, Fourth District, Div. One
Cite as 2020 S.O.S. 3524
Full text click here >

A project allowing private logging companies to fell and remove large fire-damaged trees from either side of roads in the Mendocino National Forest did not constitute a project for road repair and maintenance for purposes of 36 C.F.R. §220.6(d)(4).

Environmental Protection Information Center v. Carlson (Sierra Pacific Industries) - filed August 03, 2020
Cite as 2020 S.O.S. 19-17479
Full text click here >

To trigger the Comprehensive Environmental Response, Compensation, and Liability Act limitations period, a settlement must impose costs on the party seeking contribution; a party can obtain contribution only for costs incurred in excess of its own liability.

Arconic v. APC Investment - filed Aug. 10, 2020
Cite as 2020 S.O.S. 19-55181
Full text click here >

- Foreclosure -

A request for judicial relief under Nevada’s Foreclosure Mediation Rules is the exclusive remedy under Nevada law for challenging a lender’s conduct in the foreclosure mediation process.

Tobler v. Sables - filed Aug. 4, 2020
Cite as 2020 S.O.S. 19-15251
Full text click here >

- Inverse Condemnation -

The special statutory procedures that govern a public entity’s exercise of the power of eminent domain are inapplicable in inverse condemnation actions, which instead proceed by the rules governing ordinary civil actions. A trial court may, in certain circumstances, devise or borrow a procedure appropriate to the specific litigation before it, but it may not do so when an applicable procedure is provided by a statute or rule of court.

Weiss v. People ex rel. Department - filed July 16, 2020
Cite as 2020 S.O.S. 3559
Full text click here >

- Water Rights -

Farmers within an irrigation district possess an equitable and beneficial interest in the district's water rights, which is appurtenant to their lands; this interest consists of a right to water service. The district retains discretion to modify service consistent with its duties to manage and distribute water equitably for all categories of users served by the district.

Abatti v. Imperial Irrigation District - filed July 16, 2020, Fourth District, Div. One
Cite as 2020 S.O.S. 3585
Full text click here >

 
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