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VOLUME 17 | NUMBER 2 | FEBRUARY 2022
 
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IN THIS ISSUE
 
Introductory Remarks
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CLE Anytime
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Coming Events
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Subsection Spotlights
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Recent Cases
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The Real Property Section Newsletter is published monthly
by the Real Property Section.

Editor
Vivienne Chen

 

Real Property Executive Committee:

SECTION OFFICERS

Chair
Teresa Y. Hillery

Vice Chair (Programming)
Rachel Sanders

Vice Chair (Communications)
Vivienne Chen

Vice Chair (Membership)
Gretta Moy

Treasurer
Owen Gross

Secretary
Dan Villalpando

Immediate Past Chair
Kelsey Thayer

 

 

EXECUTIVE COMMITTEE MEMBERS
Celeste Caitlen Ahl
Eric A. Altoon
Nedra Austin
Rosetta Broomfield
Norman A. Chernin
Sadara DeVonne
Caroline Dreyfus
Brant H. Dveirin
Jane L. Hinton
Laurence L. Hummer
Kendra Leghart
Trudi J. Lesser
Linda E. Spiegel
Ira J. Waldman

Law School Liaison
Daniel Liffmann (non-voting)

Barrister’s Liaison (non-voting)
Niloofar Henzaki

Section Administrator
Fatima Jones

 

SUBSECTION CHAIRS

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,
Co-Chair
s
Michael Davis
Joe Dzida

Land Use Planning and Environmental Law, Subsection Chair
Julie Hamill

Real Estate Finance Subsection,
Co-Chairs

Mark Hikin
Alyssa Ashley Rutherford

Title Insurance Subsection, Chair
James H. Treadwell

Rresidential Subsection Co-Chairs
Sadara DeVonne
Rosetta Broomfield

 

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
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

*Deceased

 

 

Introductory Remarks

Join the Crocker Symposium Planning Committee
We are excited to announce that we are beginning to brainstorm for our next annual signature event – the Crocker Commercial Real Estate Symposium – in the fall. We would like to invite you to join the Crocker Symposium Planning Committee and be a part of this planning process for this year’s program. If you are interested or want to know more about the Crocker Symposium Planning Committee, please feel free to contact Rachel Sanders at rsanders@allenmatkins.com. We look forward to meeting you!

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 March 2, 2022.

Vivienne Chen
Editor, Real Property Section Newsletter
E-mail address: vchen@swlaw.com

 

Find Us on Social Media

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Coming Events
 

March 1, 2022, 12:00 p.m.- 1:00 p.m.
Price: FREE FOR ALL TO ATTEND!

Bruce's Beach: An Examination of African American Leisure Sites and Use Reparations to Address Inequities

While governmental policies and a cultural divide have combined to dampen the prospects for generational wealth accumulation through real estate ownership in the Black community, new policies and frameworks are being explored to bridge the racial wealth gap in some situations. This multi-part series explores the use of reparations as one tool in the effort to repair historical and ongoing inequities.

Part 1 of this series will explore reparations as relates to Bruce Beach and the passage of SB 796. Dr. Alison Rose Jefferson will explore the history and treatment of African American leisure sites and the resulting damage to the African American community. George Fatheree III will discuss the legal challenges surrounding the passage of SB 796 and the return of the property to the Bruce family. Sadara DeVonne will moderate. Attendance is free and the first 15 registrants will receive a copy of Dr. Jefferson’s book, “Living the California Dream: African American Leisure Sites during the Jim Crow Era.”

Speakers
  • Dr. Alison Rose Jefferson
  • George Fatheree III

Moderator
  • Sadara DeVonne

Click here for more information and to register

 
 

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

 
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Subsection Spotlights
 
- Construction Subsection -

For this February issue, we will be covering our Construction Law Subsection. The goal of the Construction Law Subsection is to provide continuing education in both a legal and practical format so that the practitioner will be advised of the current state of the ever changing construction law and to provide practical information to use in their everyday practice.

 

Meet the Co-Chairs

Aaron Flores Portrait-75w

Aaron Flores is a partner at Flores Ryan, LLP, a Los Angeles law firm serving the entire construction industry.

(1) What areas of real estate law do you focus on?
I represent construction industry stakeholders on all types of public and private works of improvement including local, state, and federal projects, public infrastructure, airport roads and supply buildings, bridges, pipelines, schools and colleges, hospitals, restaurants, multi-family residential buildings, and custom single-family homes.

(2) What do you love about your practice?
I love being able to pull from my experience working on construction projects with my grandfather and father to provide efficient and effective solutions for my clients. I’ve handled hundreds of construction cases since that time, but those experiences continue to be one of my treasured resources.

(3) What motivated you to co-chair this subsection?
I was motivated to co-chair the subsection by the desire to grow my professional network and to get to know some of the most successful construction attorneys in Los Angeles.

(4) What do you want our members to know about this subsection?
I would like members to know that the construction law subsection is a diverse community of attorneys where authentic professional relationships are made and the continuing education of construction law occurs at all levels, novice to expert.

(5) One interesting fact about yourself.
I was the high school wrestling captain.

Ashley Jordan is a partner at Reed Smith LLP’s Insurance Recovery Group. Her practice focuses on liability and property claims for stakeholders in the construction, manufacturing, and energy industries; and natural disaster claims for property owners.

 
 

Event Review

On January 25, 2022, Andrew J. Moss (Partner at Reed Smith, LLP), Sue S. Sum (Member at Clark Hill, LLP), Rebecca Pearson (Associate Director at Willis Towers Watson), and Michael Corcione (Partner at HKA Global) presented “Cyber Attacks on Construction Companies: What You Don’t Know Will Hurt You. The roundtable focused on best practices for using the latest technology in the construction industry, the associated legal pitfalls, and tips to reduce and manage cyber risks. The event was moderated by the Subsection Co-Chair, Ashley Jordan (Partner at Reed Smith LLP). The Construction Law Subsection, who sponsored this event, is appreciative to all the panelists for volunteering their time and expertise.

If you would like to become a member or have questions about the Construction Subsection, please contact the co-chairs: Aaron Flores [email: flores@floresryan.com] and Ashley Jordan [email: AJordan@reedsmith.com]

 
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Recent Cases
 
- Conditional Use Permit -

The 30 day time limit for the Los Angeles County Board of Supervisors to render its decision on the grant of a conditional use permit under Los Angeles County Code §22.240.060 is mandatory, not directory.

Tran v. County of Los Angeles - filed Jan. 21, 2022, Second District, Div. Two
Cite as 2022 S.O.S. 271
Full text click here >

- Density Bonus -

When a developer meets the requirements of the Density Bonus Law, a local government is obligated to permit increased building density, grant incentives, and waive any conflicting local development standards unless certain limited exceptions apply.

Bankers Hill v. City of San Diego (Greystar GP II) - filed Jan. 7, 2022, publication ordered Feb. 2, 2022, Fourth District, Div. One
Cite as 2022 S.O.S. 510
Full text click here >

- Disclosure -

In December 2012, there was no statutory duty of disclosure owed by a buyer’s broker to a seller of vacant land. A broker solely representing a buyer had no duty to disclose to the seller that the purchase price was too low.

Greif v. Sanin - filed Jan. 26, 2022, Fourth District, Div. Two
Cite as 2022 S.O.S. 350
Full text click here >

- Duty of Care -

Jogging to train for a foot race is an activity in which one engages for a recreational purpose under Civil Code §846 and a property owner generally owes no duty of care to those who enter or use its property for such an activity.

Rucker v. WINCAL - filed Feb. 4, 2022, Second District, Div. Five
Cite as 2022 S.O.S. 547
Full text click here >

- Environmental Law -

A city did not violate the California Environmental Quality Act by approving a housing development project by relying on the environmental impact report from its approval of a specific plan without further environmental review; the project was exempt from further review pursuant to Government Code §65457 because it implemented and was consistent with the specific plan, and substantial evidence supported the city’s conclusion that no project changes, changed circumstances, or new information required additional analysis; the city’s deferral of analysis of potential flood control projects to address sea level rise in the latter half of this century was proper.

Citizens' Committee to Complete the Refuge v. City of Newark (SI XVII) - filed Dec. 29, 2021, publication ordered Jan. 25, 2022, First District, Div. Four
Cite as 2022 S.O.S. 377
Full text click here >

The U.S. Forest Service’s conclusion that a proposed fuel break project was consistent with the Roadless Area Conservation Rule was arbitrary and capricious; the Forest Service’s determination that 21-inch dbh trees were generally small timber was arbitrary and capricious as well. The Forest Service’s decision to categorically exclude the project from review in an environmental assessment or environmental impact statement, pursuant to the National Environmental Policy Act, was not arbitrary and capricious.

Los Padres ForestWatch v. U.S. Forest Service - filed Feb. 4, 2022
Cite as 2022 S.O.S. 20-55859
Full text click here >

The Timber Stand Improvement categorical exclusion in 36 C.F.R. §220.6(e)(6) allows for thinning of larger commercially viable trees, and is not limited to thinning small saplings.

Mountain Communities for Fire Safety v. Elliott - filed Feb. 4, 2022
Cite as 2022 S.O.S. 20-55660
Full text click here >

Substantial evidence supported a fair argument that vehicle emissions generated from a proposed development in the Lake Tahoe Basin could potentially impact the basin’s air and water quality and thus should have been addressed in a draft environmental impact report. An EIR must describe the existing physical conditions.

League to Save Lake Tahoe Mountain Area v. City of Placer - filed Feb. 14, 2022, Third District
Cite as 2022 S.O.S. 654
Full text click here >

- Licensed Entities -

Business and Professions Code §7031(a) prohibits suits by unlicensed entities, but it poses no obstacle whatsoever to claims by licensed entities.

Panterra v. Superior Court (Rosedale Bakersfield Retail VI) - filed Jan. 31, 2022, Fifth District
Cite as 2022 S.O.S. 463
Full text click here >

- Liens -

To obtain a court order authorizing the sale of a debtor’s dwelling to satisfy a judgment, the creditor must file an application that includes liens on the property for unpaid real property taxes, even though those liens need not be recorded because they come into being by operation of law.

Meyer v. Sheh - filed Feb. 3, 2022, Second District, Div. Two
Cite as 2022 S.O.S. 525
Full text click here >

- Lis Pendens -

A lis pendens mailed to a partner qualifies as a lis pendens mailed … to the partnership.

J&A Mash & Barrel v. Superior Court (Tower Theater Properties) - filed Jan. 19, 2022, Fifth District
Cite as 2022 S.O.S. 226
Full text click here >

- Rental Property -

An amendment to a city ordinance making it unlawful for a landlord to seek to recover possession of a rental unit that is exempt from rent control by means of a rental increase that is imposed in bad faith to coerce the tenant to vacate the unit in circumvention of the city’s eviction law is not preempted by the Costa Hawkins Rental Housing Act since it is a reasonable exercise of the city’s authority to regulate the grounds for eviction.

San Francisco Apartment Association v. City and County of San Francisco - filed Jan. 24, 2022, First District, Div. Four
Cite as 2022 S.O.S. 295
Full text click here >

Although money can be the subject of a physical taking, a relocation fee that an ordinance required landlords to pay tenants when re-taking occupancy of their homes upon the expiration of a lease was not an unconstitutional taking of a specific and identifiable property interest; because the relocation fee was not a compensable taking, it did not constitute an exaction.

Ballinger v. City of Oakland - filed Feb. 1, 2022
Cite as 2022 S.O.S. 19-16550
Full text click here >

 
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