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VOLUME 14 | NUMBER 12 | DECEMBER 2019
 
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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, Commercial Underwriting Counsel
Fidelity National Title Group
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

Susan J. Booth
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)
Greg Maestri

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

As the year ends, we trust you took full advantage of your membership in the Real Property Section. If not, we invite you to become more involved in the most active section in the Los Angeles County Bar Association! We have leadership opportunities that focus on providing substantive CLE programs in specific areas of real estate law: General Real Property, Finance, Construction, Commercial Development and Leasing, Land Use and Environmental, and Title Insurance. We host frequent networking events that foster long-lasting business and professional relationships. And, by popular demand, we revived the Crocker Real Estate Symposium that has a well-deserved reputation for bringing together the best in the industry! If you have not renewed your membership, please do so today! Have a happy and safe Holiday Season!


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

 
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Coming Events
 

January 14, 2020
Imputation of Knowledge in Real Estate Transactions

Real estate transactions typically involve entities and persons other than the principals. This talk will explore the relationships and the imputation of knowledge from agents and others to the principals in real estate purchase/sale and/or loan transactions.

> Click here for more information


January 15, 2020
Completion Guaranties: Negotiating and Drafting Tips

Panelists will give an overview of the current state of NY and CA case law governing completion guaranties and will discuss/debate key issues in negotiating and drafting completion guaranties from both the borrower and lender perspective. The panel is geared to practicing transactional lawyers negotiating completion guaranties in construction senior and mezzanine financing and preferred equity investment transactions.

> Click here for more information


February 4, 2020
Common Mistakes Real Estate Attorneys Make When Drafting Documents

REVISED DATE - Tuesday, February 4, 2020

Every day across the country, real estate lawyers are drafting contracts that cannot be enforced because they weren’t drafted correctly. The law of contracts has numerous pitfalls and common drafting mistakes expose your clients to unnecessary risk. During this program, our speakers will guide you through typical real estate contract provisions and show you how to navigate around the drafting landmines. If you are new to preparing real estate contracts or simply need a quick refresher, you do not want to miss this program! 

> Click here for more information


March 18, 2020
Broken Priority, Broken Record

Panelists, including representatives from the title company and lending industries, will discuss age-old issues surrounding broken priority and title insurance coverage in construction projects through new lenses, including (a) issues to anticipate in the next downturn without the availability of upfront coverage; (b) unique complexities associated with specialized projects (such as master planning/development and so called "forward" purchase and sales); and (c) strategies for obtaining coverage.

> Click here for more information


April 15, 2020
Developments in Real Estate Finance 2019

Please join us for a networking meet & greet and this informative annual presentation from the Finance Subsection – this year on the Westside! The 22nd annual Developments in Real Estate Finance program will be held at the Century City offices of Cox, Castle & Nicholson LLP!

The extended format (1.5 hour) program will include a lively discussion of the most important developments in real estate finance law during 2019. The program will provide attendees with insights from recent relevant cases and regulations, including a primer on finance concepts that have been retested in the courts or updated by legislation. There will be a networking cocktail hour before and after the event for attendees to mingle with fellow real estate professionals. Don’t miss this exciting opportunity to be at the forefront of the latest real estate finance developments and connect with others in the real estate field!

> 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.

A Practical Guide to the Subdivision Map Act
Annual Construction Law Update and Flaig Award
Arbitration Provisions in Leases and Purchase and Sale Agreements: Considerations and Insights

 
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Recent Cases
 
- Discharge -

Where an administrative agency has not determined a factual predicate for a defense being raised by a party, the doctrine of administrative exhaustion will normally preclude the argument; a failure to exhaust will be excused if it would have been futile for the party to have raised its defense before the agency. A water board’s definition of discharge to include ongoing movement of contaminants through the soil and into the groundwater is consistent with the plain language of the Porter-Cologne Act.

Tesoro Refining & Marketing Co. v. Los Angeles Regional Water Quality Control Board - filed Nov. 22, 2019, Second District, Div. Three
Cite as 2019 S.O.S. 3844
Full text click here>

- Leases -

An oil and gas lease is a taxable possessory interest because the lease is a servitude on the land and a chattel real at common law. A tax assessor can only sell what has been assessed. Under Revenue and Taxation Code §3712(d), a recorded oil and gas lease is a restriction of record and excepted from the tax deed in determining the title conveyed,

Leiper v. Gallegos - filed Nov. 20, 2019, Second District, Div. Six
Cite as 2019 S.O.S. 3735
Full text click here >

- Mobilehome Residency Law -

An action need not involve the mobilehome park management-resident relationship or landlord-tenant issues in order for it to arise out of the Mobilehome Residency Law; actions necessary to perfect a mobilehome park owner’s right to free and clear title under the MRL arose out of the MRL.

Canyon View Ltd. v. Lakeview Loan Servicing - filed Dec. 4, 2019, Second District, Div. One
Cite as 2019 S.O.S. 4108
Full text click here

- Waste -

A prior owner of a property may be named in a Water Code §13304 cleanup order upon a showing the owner knew or should have known that a lessee’s activity created a reasonable possibility of a discharge of wastes into waters of the state that could create or threaten to create a condition of pollution or nuisance. Assuming that a regional water quality control board’s entitlement to a cleanup order is a claim within the meaning of the bankruptcy law, the claim was not discharged in a prior owner’s bankruptcy proceeding because it did not arise before confirmation of reorganization.

United Artists Theater Circuit v. Regional Water Quality Control Board (Moonlite Associates)
filed Nov. 27, 2019, First District, Div. Five
Cite as 2019 S.O.S. 4025
Full text click here >  

 
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