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Introductory Remarks
Coming Events
Save the Date!
CLE Anytime
Recent Cases

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

Teresa Y. Hillery
Vice President,
Sr. Commercial Underwriting Counsel
Fidelity National Title - National Commercial Services


Real Property Executive Committee:


Eric A. Altoon

Vice Chair (Programming)
Kelsey M. Thayer

Vice Chair (Communications)
Teresa Y. Hillery

Vice Chair (Membership)
Daniel K. Liffmann

Laurence L. Hummer

Rachel Meghan Sanders

Immediate Past Chair
Claire Hervey Collins



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



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



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



Introductory Remarks

Iran Hopkins of Akerman LLP and Mark Share of De Castro West gave an excellent MCLE program on Common Mistakes Real Estate Attorneys Make. On behalf of the General Real Estate Subsection, they provided several examples of pitfalls to avoid in drafting contracts, including purchase and sale agreements and leases. Attendees were cautioned to read real property “metes-and-bounds” legal descriptions carefully, no matter how torturous and tedious that important task can seem to be. Great job, Iran and Mark!


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

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Coming Events

February 26, 2020
Land Use Entitlements: California’s Other Full Contact Sport

Join us as three real estate development experts explain the entitlement process in California. They will describe the steps that a developer goes through to entitle a project, and how political strategies, community outreach, CEQA, and new development laws play into the process. Our panelists are working on some of the biggest development projects in Southern California and will share their war stories, successes, and challenges with the audience in a guided discussion followed by audience Q&A. This panel is for real estate practitioners, land use lawyers, developers, and students eager to learn more about how the mysterious world of land use really works.

> 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

Save the Date!
May 28, 2020
Real Property Installation and Awards Dinner


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

Recent Cases
- Bankruptcy -

Amounts on which payments are being timely made pursuant to a confirmed bankruptcy plan are not in default for purposes of Civil Code §2924c.

Williams v. 21st Mortgage Corporation - filed Jan. 22, 2020, First District, Div. Four
Cite as 2020 S.O.S. 282
Full text click here >

- Homeowners Association -

A provision in the recorded covenants, conditions, and restrictions for a homeowners association that required the association to obtain a vote before proceeding with arbitration of a claim against the developer is in contravention of explicit legislative expressions of public policy, and is unconscionable.

Dos Vientos v. CalAtlantic Group, Inc. - filed Feb. 6, 2020, Second District, Div. Six
Cite as 2020 S.O.S. 520
Full text click here >

- Lease -

A commercial holdover provision in a lease was not an unlawful penalty where the lease was freely negotiated by parties dealing at arm’s length and the tenant was free to void the higher rent by vacating the property.

Constellation-F, LLC v. World Trading 23, Inc. - filed Feb. 7, 2020, Second District, Div. Eight
Cite as 2020 S.O.S. 540
Full text click here >

- License -

An irrevocable license is not binding on a subsequent purchaser who takes without notice; to the extent an irrevocable license functions as an easement, it must be recorded to bind subsequent purchasers without actual notice.

Gamerberg v. 3000 E. 11th Street, LLC - filed Jan. 21, 2020, Second District, Div. Seven
Cite as 2020 S.O.S. 223
Full text click here >

- Zoning -

A county zoning ordinance did not treat a religious assembly or institution unequally compared to a secular assembly or institution in violation of the Religious Land Use and Institutionalized Persons Act where both secular and religious places of assembly were only permitted in the zoned area if they met the requirements of a special occasion facility, and nothing in the text of the ordinance prevents churches from holding regular worship services or other religious assemblies in their special occasion facilities.

Calvary Chapel Bible Fellows v. County of Riverside - filed Feb. 4, 2020
Cite as 2020 S.O.S. 17-56857
Full text click here >


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