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Introductory Remarks
Coming Events
CLE Anytime
Members Spotlights
Recent Cases

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

Vivienne Chen


Real Property Executive Committee:


Teresa Y. Hillery

Vice Chair (Programming)
Rachel Sanders

Vice Chair (Communications)
Vivienne Chen

Vice Chair (Membership)
Gretta Moy

Owen Gross

Dan Villalpando

Immediate Past Chair
Kelsey Thayer




Celeste Caitlen Ahl, II
Eric A. Altoon
Rosetta Broomfield
Norman A. Chernin
Sadara DeVonne
Brant H. Dveirin
Kimia Ghalambor
Jane L. Hinton
Laurence L. Hummer
Trudi J. Lesser
Daniel K. Liffmann
Linda E. Spiegel
Ira J. Waldman

Law School Liaison
Misty M. Sanford

Barrister’s Liaison (non-voting)
Vivienne Chen

Section Administrator
Fatima Jones



Commercial Development and Leasing Subsection, Co-Chairs
Steven Farenbaugh
Jonathan Zweig

Construction Law Subsection, Co- Chairs
Aaron J. Flores
Ashley B. Jordan

General Real Property Subsection,
Michael Davis
Joe Dzida

Land Use Planning and Environmental Law, Subsection Chair
Julie Hamill

Real Estate Finance Subsection,

Mark Hikin
Alyssa Ashley Rutherford

Title Insurance Subsection, Chair
James H. Treadwell



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
Kelsey Thayer
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




Introductory Remarks

Crocker Commercial Real Estate Symposium
The Real Property Section’s signature event – Crocker Commercial Real Estate Symposium – returns in a virtual format on September 9, 2021. We are anticipating an afternoon full of lively and informative discussions addressing the post-COVID financing market and commercial leasing market, and the affordable housing crisis. Attendees will earn 3.75 MCLE credits. We encourage you to register today.

Our Open Invitation
Want to learn more about our section and see how you can get involved? We invite you to join one of our Executive Committee meetings and hear for yourself what we do and why we do it. The Executive Committee meets every first Wednesday at 12:30 p.m. to 1:30 p.m. on Zoom (Meeting Registration – Zoom).  Feel free to stop by and meet our dynamic group in our next meeting on September 1, 2021.

Vivienne Chen
Editor, Real Property Section Newsletter
E-mail address:

Find Us on Social Media

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Coming Events
September 9, 2021, 12:00 p.m. - 5:00 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!

Panel 1- Finance: The Post-COVID Financing Market – Why Are We So Busy?
Panel 2 - Leasing: The State of the Commercial Leasing Market: How Landlords and Tenants are Returning to and Repurposing Space
Panel 3 - Development: The Not So Affordable Housing Crisis: Needs, Challenges and Possible Solutions

Click here to register

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.

A Primer on How Title Companies Underwrite Construction Loans Since the Last Great Recession

Real Estate Applied Bankruptcy Basics and Evolving Developments in a Post-Pandemic Era

Commercial CC&R's and Reciprocal Easement Agreements

2021 Flaig Award & Annual Construction Law Update

Ground Lease Practice: Beyond the Basics

Nuts and Bolts of E-Recording

Members Spotlights

The Real Property Section is excited to feature monthly member spotlights. If you are a member of the Real Property Section and would like to be spotlighted in an upcoming post and newsletter, please contact our Vice Chair of Communications, Vivienne Chen, at

LACBA RP Spotlight - Brant Dveirin 540w

Recent Cases
- Easement -

The rights reserved by the descendants of the grantors of a deed operate as easements on the property. A reservation of the right to use the surface of a property for cultivation and pasturage purposes allowed for the planting of grass and ornamental landscaping. A reservation of the right to construct, maintain, use, repair, replace, and renew, roads and streets over and across the property unambiguously allowed for the construction of roads and streets, but not use of the property as a parking lot; a parking lot is not necessary to the enjoyment of a road.

Pear v. City and County of San Francisco - filed July 28, 2021, Sixth District
Cite as 2021 S.O.S. 4273
Full text click here >

- Environmental Law -

The Department of Homeland Security’s 2015 Instruction Manual did not constitute final agency action subject to review under Administrative Procedure Act §704; the manual did not meet the consummation first prong because it did not make any decision, rather it merely established the procedures for ensuring DHS’s compliance with the National Environmental Policy Act, the manual also did not satisfy the legal effect second prong of the test because the manual did not impose new legal requirements or alter the legal regime to which DHS was subject. The rule from Lujan v. National Wildlife Federation foreclosed judicial review of DHS’s non-Deferred Action for Childhood Arrival programs where the plaintiffs’ challenge to the programs was indistinguishable from the broad programmatic attack at issue in National Wildlife.

Whitewater Draw Natural Resource Conservation District v. Mayorkas - filed July 19, 2021
Cite as 2021 S.O.S. 20-55777
Full text click here >

A Local Coastal Program that explicitly requires a structure be reasonably safe from failure and erosion over its lifetime, that a geotechnical report must demonstrate a safety factor against slope failure of 1.5 and a time period of analysis of 75 years, these requirements together require a geotechnical report demonstrate a safety factor of 1.5 at the end of 75 years.

Martin v. California Coastal Commission - filed June 23, 2021, publication ordered July 16, 2021, Fourth District, Div. One
Cite as 2021 S.O.S. 4017
Full text click here >

The Environmental Protection Agency could apply the 2016 Exceptional Events Rule to events that occurred when the 2007 rule had been in effect as the application of the 2016 Exceptional Events Rule did not impact any vested rights, create any new obligations, or otherwise impact any regulated party’s interest.

Bahr v. Regan - filed July 28, 2021
Cite as 2021 S.O.S. 20-70092
Full text click here >

The Environmental Protection Agency’s nonbinding guidance to recommend a statistical method for assessing water toxicity imposed no legal consequences, and so the Administrative Procedure Act did not allow municipal agencies to contest the guidance as violative of the Clean Water Act.

Southern California Alliance of Publicly Owned Treatment Works v. U.S. Environmental Protection Agency - filed Aug. 5, 2021
Cite as 2021 S.O.S. 19-15535
Full text click here >

The U.S. Army Corps of Engineers was not required to comply with a state agency’s requirement pertaining to the disposal of materials dredged from navigational channels as the requirement was not an enforceable policy under the Coastal Zone Management Act and its implementing regulations, nor was it tied to any enforceable policy as contemplated by those regulations.

San Francisco Bay Conservation and Development Commission v. U.S. Army Corps of Engineers - filed Aug. 6, 2021
Cite as 2021 S.O.S. 20-15576
Full text click here >

Public Resources Code §21168.6.7 does not impose on the governor a deadline by which to certify a project for streamlined environmental review.

Pacific Merchant Shipping v. Newsom (Oakland Athletics Investment) - filed Aug. 10, 2021, First District, Div. One
Cite as 2021 S.O.S. 4463
Full text click here >

- Title Policies -

For purposes of determining the term public records in the title policies, public records are official documents that were brought into existence in accordance with Idaho public statutes, brought into existence on or before the date of the policy, and intended, at least in part, to provide constructive notice of some fact or circumstance relevant to the insured property to purchasers for value who did not have actual knowledge of that fact or circumstance.

Munden v. Stewart Title Guaranty - filed Aug. 12, 2021
Cite as 2021 S.O.S. 20-35336
Full text click here >


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