VOLUME 14 | NUMBER 7 | JULY 2019
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Introductory Remarks
CLE Anytime
Recent Cases
Member Spotlight

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

Teresa Y. Hillery
Vice President, Commercial Underwriting Counsel
Fidelity National Title Group


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



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



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
Rosslyn "Beth" Stevens Hummer

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

For A Special Message From Our Chair, Eric Altoon, click here.


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
- EIR -

Senate Bill No. 4 directs the Natural Resources Agency to conduct a study on hydraulic fracturing, and to prepare an environmental impact report regarding any potential environmental impacts of well stimulation, but nothing in Senate Bill No. 4 suggests that the Legislature intended to link the preparation of the study to the preparation of the EIR; there was no requirement for a subsequent or supplemental EIR following the release of the second and third volumes of the study. Senate Bill No. 4 required preparation of an EIR analyzing the environmental effects of well stimulation treatments only; nothing in Senate Bill No. 4 required an analysis of indirect impacts caused by the additional oil and gas production made possible by well stimulation treatments

Center for Biological Diversity v. California Department of Conservation - filed May 16, 2019, publication ordered June 14, 2019, Third District
Cite as 2019 S.O.S. 2789
Full text click here >

- Eminent Domain -

A business owner’s goodwill for a business operated on property taken by eminent domain is compensable separate and apart from the parties’ interests in the property taken; there is also a distinction between property taken by eminent domain and the goodwill held by the operation of a business located on property taken by eminent domain. The doctrine of collateral estoppel precludes relitigation of issues argued and decided in prior proceedings, regardless of whether the parties to the current litigation were adverse in the prior action.

Thee Aguila v. Century Law Group - filed July 2, 2019, Second District, Div. One
Cite as 2019 S.O.S. 3229
Full text click here >

- Landlord Tenant -

An eligible elderly or disabled tenant may defeat an owner’s claim of possession under the Ellis Act by showing that the owner changed a tenancy term during the act’s notice period. A writing that is a contract or a binding confirmation of a lease agreement is an instrument under Evidence Code §622.

Hilaly v. Allen; Superior Court of California, County of San Francisco - filed May 21, 2019
Cite as 2019 S.O.S. 2840
Full text click here >

- NEPA -

The U.S. Forest Service’s designation of 5.3 million acres as a landscape-scale area in the Tahoe National Forest did not violate the National Environmental Policy Act; since the designation of landscape-scale areas did not change the status quo, a NEPA analysis was not necessary.

Center for Biological Diversity v. Ilano - filed June 24, 2019
Cite as 2019 S.O.S. 17-16760
Full text click here >

- Permits -

Assuming that a trial court has the authority to alter the penalty assessment in an administrative decision that had become final and render a default judgment for the plaintiff, a court cannot simply substitute its view of the appropriate penalty amount for that of the hearing officer.

County of Sonoma v. Gustely - filed May 31, 2019, publication ordered June 24, 2019, First District, Div. Two
Cite as 2019 S.O.S. 2983
Full text click here >

- Waste -

A water quality control board must establish two factors before issuing a cleanup and abatement order to a party: the board must show that party caused or permitted waste to be discharged into state waters, and that the waste creates, or threatens to create pollution or nuisance conditions; the nuisance creation element does not require application of the common law substantial factor test for causation.

San Diego Gas & Electric Company v. San Diego Regional Water Quality Control Board - filed June 18, 2019, Fourth District, Div. One
Cite as 2019 S.O.S. 2816
Full text click here >

Member Spotlight

Congratulations to Past Chair Norma J. Williams of Williams & Associates for receiving the 2019 Excellence in Practice Award in the Solo and Small Firm Section of the CLA.

To read about Norma's achievement, click here.


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