dark blue triangle in newsletter heading
Introductory Remarks
Coming Events
Save the Date!
Recent Cases

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

Teresa Y. Hillery
Vice President and Trial Counsel
Fidelity National Law Group


Real Property Executive Committee:


Susan J. Booth

First Vice Chair
Caroline Dreyfus

Second Vice Chair
Claire Hervey-Collins

Eric Altoon

Misty Sanford  

Immediate Past Chair
Brant Dveirn  

Barristers Liaison
Christopher Bordenave

Section Administrator
Fatima Jones



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



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


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



Introductory Remarks

Real Estate Marketplace Lending:
Structures & Opportunities Event Held on January 18th.


Our Real Estate Finance subsection CLE panel discussion, Real Estate Marketplace Lending: Structures & Opportunities, moderated by Herman Enayati of Akerman LLP, was a huge success.  The evening concluded with a post panel networking opportunity and refreshing cocktails. 

For more pictures of the event, click here.

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

Coming Events
Annual Construction Law Update and Flaig Award
Presented by: Construction Law Subsection
February 28, 2017

12:30—1:30 p.m.

This year's Annual Update portion of the program will be presented by the Construction Law Group from Sheppard Mullin Richter & Hampton. The program will cover new developments in California Construction Law in 2016. The handout materials from this program should be considered a "must have" for anyone who practices in the construction law area.

> Click here for more information
The Top Ten Real Estate Cases of 2016
March 1, 2017
12:30—1:30 p.m.

This program will cover important cases decided by California courts and the U.S. Supreme Court in 2016 that impact the practice of real estate law in California. This program is designed to give a quick overview of important developments in the law that affect California real estate practitioners.

> Click here for more information
Nuts & Bolts of Real Estate Finance
March 15, 2017
12:30—1:30 p.m.

Please join us for this informative panel discussion, which will provide an Introduction to the fundamentals of Real Estate Finance, including:

  • A discussion as to who are the parties to a loan;
  • An overview of loan documentation;
  • The difference between portfolio loans, participated loans, and securitized loans;
  • A discussion on California's Anti-Deficiency/One-Action rules; and
  • A basic discussion on guaranties.
> Click here for more information
A Deep Dive Into CC&Rs for Shopping Centers
March 23, 2017
12:30—1:30 p.m.

This program, which will benefit practitioners of all experience levels, will provide in-depth insight into Covenants, conditions, and restrictions (“CC&Rs”) for a shopping center. Recent cases dealing with this subject matter will also be reviewed.

> Click here for more information
Save the Date!
Recent Developments in Real Estate Finance
April 19, 2017
12:30—1:30 p.m.
The Ins and Outs of Shopping Center Ground Leases
April 26, 2017
12:30—1:30 p.m.
Recent Cases
-Bona Fide Purchaser -

Plaintiff purchased real property with knowledge of a recorded default judgment that vacated the lien interest of the predecessor-in interest. The default judgment was later adjudicated as void.  It was determined that Plaintiff took title subject to the void default judgment.  The “void default judgment was a nullity for all purposes, including as against a purported bona fide purchaser for value.”

OC Interior Services v. Nationstar Mortgage - filed Jan. 31, 2017, Fourth District, Div. One
Cite as 2017 S.O.S. 487
Full text click here >

- Community Redevelopment -

Stipulated judgments requiring city to set aside various percentages of its Community Redevelopment Law "tax increment" for low- and moderate-income housing projects were enforceable obligations for purposes of legislation dissolving community redevelopment agencies, but the judgments had no force or effect once the dissolution legislation took effect. There were no remaining terms to be fulfilled under the stipulated judgments once the legislation became effective. The legislation eliminated the tax increment that provided the only source of funding subject to the stipulated judgment. Nothing in the judgments required the tax increment to continue to be collected, or purported to prevent the Legislature from recapturing unspent tax increment funds by subsequent legislation. The moneys set aside under the judgments, but unencumbered, had to be remitted to the county auditor-controller as per the subsequent legislation.

Cuenca v. Cohen - filed Feb. 6, 2017, Third District
Cite as 2017 S.O.S. 583
Full text click here >

-Construction Defects -

Homeowners suing a material supplier under Civil Code sections 895 et seq. (i.e. Requirements for Actions for Construction Defects) must prove that the material supplier “caused, in whole or in part, a violation of a particular standard as the result of a negligent act or omission or a breach of contract.”

Acqua Vista Homeowners Association v. MWI, Inc. - filed Jan. 26, 2017, Fourth District, Div. One
Cite as 2017 S.O.S. 432
Full text click here >

Trial court erred in staying construction defects action pursuant to the Right to Repair Act, where defendant failed to comply with the act's strict time limits for acknowledging receipt of the homeowner's notice of a claim. The act's goal of promptly resolving claims without resort to litigation cannot be achieved by permitting homebuilders to serve tardy responses to claims or to ignore them entirely.

Blanchette v. Superior Court (GHA Enterprises) - - filed Feb. 10, 2017, Fourth District, Div. One
Cite as 2017 S.O.S. 698
Full text click here >

- EPA -

Claims that the EPA failed to comply with requirements of Sec. 7 of the Endangered Species Act regarding consultation with other agencies when it issued various "reregistration eligibility decisions" under the Federal Insecticide, Fungicide and Rodenticide Act were either time-barred or jurisdictionally barred. Where it is alleged that an agency failed to comply with the ESA's procedural requirements, the general six-year statute of limitations period, set forth in 28 U.S.C. Sec. 2401(a), applies, and a Sec. 7 claim raised after the EPA undertook public notice and comment must comply with the jurisdictional provisions of FIFRA, and a plaintiff must file a petition for review in the court of appeals within 60 days of the entry of the contested final order. EPA's approval of individual pesticide products constituted agency action for Sec. 7 purposes, and claims that EPA violated Sec. 7 with respect to such approvals were not barred by the collateral order doctrine.

Center for Biological Diversity v. U.S. Environmental Protection Agency - filed Feb. 2, 2017
Cite as 2017 S.O.S. 14-16977
Full text click here > 

- Fannie Mae -

Statute permitting the Federal National Mortgage Association "to sue and to be any court of competent jurisdiction, State or Federal" does not grant federal courts jurisdiction over all cases involving Fannie Mae, but merely allows Fannie Mae to sue and to be sued in any court that already has jurisdiction over the subject matter.

Lightfoot v. Cendant Mortgage Corp- filed Jan. 18, 2017
Cite as 2017 S.O.S. 14-1055_6j36
Full text click here >  

- Foreclosure -

Physical possession of a mortgage note is not a prerequisite to foreclosure. Foreclosed-upon homeowners lacked standing to contend that an assignment of their mortgage to a New York securitized trust was void, because the trust had closed prior to the assignment. Under New York law, an untimely assignment to a securitized trust made after the trust's closing date is merely voidable. Assumption that an employee who "robo-signed" declaration setting forth mortgage arrears had not read the document or that someone else signed on his behalf did not undermine the validity of the foreclosure where there was no dispute as to material facts, such as the amount owed or that their loan was in default.

Kalnoki v. First American Trustee Servicing Solutions, LLC - filed Feb. 1, 2017, Third District
Cite as 2017 S.O.S. 525
Full text click here >  

- Homeowners Bill of Rights -

Plaintiff, who gave a mortgage to a lender who became insolvent, and whose assets were purchased by defendant, failed to state a cause of action for violation of the "dual tracking" prohibition of the Homeowners Bill of Rights. Plaintiff acknowledged on the face of the complaint that he did not accept a loan modification within 14 days of its being offered. Plaintiff failed to state a claim based on defendant's alleged lack of standing to foreclose, or its alleged illegal substitution of a trustee, where it was beyond reasonable dispute that defendant succeeded to the rights of the original lender. Plaintiff, who suffered final judgment in a prior wrongful foreclosure action, was barred by res judicata from bringing new actions based on alternative theories of wrongful foreclosure.

Gillies v. JPMorgan Chase Bank, N.A. - filed Jan. 24, 2017, Second District, Div. Six
Cite as 2017 S.O.S. 342
Full text click here >  

-Landlord Tenant -

Where housing authority ceased making Section 8 payments on tenant's behalf due to landlord's failure to maintain the property in a habitable condition, landlord was not permitted by law to recover the unpaid amounts from tenant or to declare her to be in breach of the lease when she failed to make the full payments.

Scott v. Kaiuum; Superior Court of California, County of Fresno - filed Jan. 4, 2017
Cite as 2017 S.O.S. 787
Full text click here >  


Tenant’s waiver of all rights under local rent control ordinance was valid and enforceable where tenant agreed to, and did, accept a lump sum payment in exchange for the waiver.

Geraghty v. Shalizi - filed Jan. 24, 2017, publication ordered Feb. 10, 2017, First District, Div. One
Cite as 2017 S.O.S. 722
Full text click here


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