VOLUME 12 | NUMBER 7 | JULY 2017
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Introductory Remarks
CLE Anytime
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:


Caroline Dreyfus

First Vice Chair
Claire Hervey-Collins

Second Vice Chair
Eric Altoon

Misty Sanford

Nedra E. Austin

Immediate Past Chair
Susan J. Booth

Barristers Liaison
Christopher Bordenave

Section Administrator
Fatima Jones



Janna Boelke
James Earle
George Fatheree
Daniel L. Goodkin
Owen P. Gross
Marybeth Heydt
Teresa Y. Hillery
Ben Howell
Laurence L. Hummer
Donna E. Kirkner
Trudi Lesser
Daniel K. Liffmann
Linda E. Spiegel
Kelsey M. Thayer
Loretta Thompson
Seth Weissman



Michael Bayard
Elizabeth Spedding Calciano
Norm Chernin
Brant H. Dveirin
Peter Gelles
Byron Hayes
Gordon Hunt
Bryan Jackson
Michael Klein
Mark Lamken
Gregg Loubier
Victor Marmon
Jerold L. Miles
O'Malley Miller
Donald Nanney
Gytis Nefas
Sarah Spyksma
Theresa Tate
Timothy Truax
Richard Volpert
Ira Waldman,
Pamela Westhoff
Norma Williams


Commercial Development and Leasing
Marcia Gordon

Adam L. Winegard
Jane Hinton
General Real Property
Rachel Sanders
Land Use Planning & Environmental Law
Beth Hummer
Title Co-Chairs
Brendan B. Penney
Vanessa A. Widener



Introductory Remarks


Here are a few of our dedicated members who keep our Real Property Section running smoothly. Click Here for more pictures from our 19th Annual Real Property Installation & Awards Dinner. It was a wonderful evening.

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


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

Recent Cases
- Eminent Domain -

Regulation that precludes an owner of two lots from selling them separately does not effect a "taking" that requires just compensation.

Murr v. Wisconsin - filed June 23, 2017
Cite as 2017 S.O.S. 15-214_f1gj
Full text click here >

- EIR -

A planning agency did not abuse its discretion by declining to explicitly engage in an analysis, in an environmental impact report, of whether the projected increase in greenhouse gas emissions comported with a 2005 executive order declaring a goal of reducing such emissions in California to 80 percent below 1990 levels by the year 2050.

Cleveland National Forest Foundation v. San Diego Association of Governments - filed July 13, 2017
Cite as 2017 S.O.S. 3534
Full text click here >

- Quiet Title -

A void default judgment, relating to ownership of real property, did not have the effect of quieting title to the property.

Deutsche Bank National Trust v. Pyle - filed July 13, 2017, Fourth District, Div. One Cite as 2017 S.O.S. 3555
Full text click here >

- Landlord Tenant -

Eviction of a tenant from a federally subsidized unit was not justifiable based on tenant's criminal activities or drug use on the premises where the 60-day notice did not specify those grounds. Federal regulations require notice and an opportunity to cure the violation before the tenant can be evicted.

The CBM Group v. Llamas; Superior Court of California, County of Fresno - filed April 5, 2017
Cite as 2017 S.O.S. 3251
Full text click here >

- Leases -

11 U.S.C. Sec. 363(f), authorizing a trustee to sell a debtor's assets free and clear of third-party interests, applied, and did not conflict with Sec. 365(h), which protects the rights of lessees, because the trustee did not "reject" the leases.

In the Matter of Spanish Peaks Holdings II, LLC - filed July 13, 2017
Cite as 2017 S.O.S. 15-35572
Full text click here >

- Nonjudicial Foreclosure -

A trustee's acts in recording a notice of default, a notice of sale, and a trustee's deed upon sale in the course of a nonjudicial foreclosure are privileged under Civil Code Sec. 47.

Schep v. Capital One - filed June 26, 2017, Second District, Div. Two
Cite as 2017 S.O.S. 3262
Full text click here >


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