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VOLUME 13 | NUMBER 6 | JUNE 2018
 
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IN THIS ISSUE
 
Introductory Remarks
>
CLE Anytime
>
Recent Cases
>
 

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

Editor:
Teresa Y. Hillery
Vice President and Trial Counsel
Fidelity National Law Group
Teresa.Hillery@fnf.com

 

Real Property Executive Committee:

SECTION OFFICERS

Chair
Caroline Dreyfus

First Vice Chair
Claire Hervey-Collins

Second Vice Chair
Eric Altoon

Treasurer
Misty Sanford

Secretary
Nedra E. Austin

Immediate Past Chair
Susan J. Booth

Barristers Liaison
Christopher Bordenave

Section Administrator
Fatima Jones

 

EXECUTIVE COMMITTEE MEMBERS

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

 

EMERITUS MEMBERS

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

 
SUBSECTION CHAIRS

Commercial Development and Leasing
Marcia Gordon
Construction

L. Adam Winegard
Finance
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

Thank you to all who attended our 20th Annual Real Property Installation & Awards Dinner. We had a fun time celebrating our awardees for their extraordinary contributions to the real estate community. Congratulations to our new chair, Claire Hervey-Collins, and officers for 2018-2019. Many thanks to Caroline Dreyfus and the 2017-2018 officers for a job well done!

Sincerely,
Teresa Y. Hillery
Editor, Real Property Section Newsletter
E-mail address: Teresa.Hillery@fnf.com

 

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

 
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Recent Cases
 
- CEQA -

An extension of a lease which maintained the status quo at a nuclear power plant was subject to the "existing facilities" categorical exemption to the California Environmental Quality Act. The "unusual circumstances" exception was inapplicable absent substantial evidence that any of the alleged unusual circumstances may have a significant environmental effect.

World Business Academy v. California State Lands Commission (Pacific Gas & Electric Co.) - filed June 13, 2018, Second District, Div. Four
Cite as 2018 S.O.S. 2995
Full text click here >

An agency's agreement with a city to have trucks use certain routes while transporting sand through the city is one piece of the agency's single, coordinated endeavor to address erosion at the beach. Thus the settlement agreement is part of the same "project" to abate a geologic hazard for purposes of the California Environmental Quality Act. Even though the state has occupied the field of traffic control, a city can enforce traffic restrictions enumerated in an agreement as valid contractual terms. An agency with the authority to exercise a portion of the state's police power cannot contract away the right to exercise its police power in the future.

County of Ventura v. City of Moorpark - filed June 12, 2018, Second District, Div. Six
Cite as 2018 S.O.S. 2953
Full text click here

The likely noise from parking lot traffic and outdoor recreational activities at a proposed development project were not significant for purposes of the California Environmental Quality Act where the noise impacts would not violate a local noise ordinance or the general plan for the city.

Jensen v. City of Santa Rosa (Social Advocates for Youth) - filed May 1, 2018, publication ordered May 24, 2018, First District, Div. Four Cite as 2018 S.O.S. 2593
Full text click here >

- Clean Air Act -

The federal Clean Air Act vests exclusive and original jurisdiction over challenges to a state regulation incorporated into the state's air quality implementation plan in the federal court system.

Alliance for California Business v. State Air Resources Board - filed May 29, 2018, Third District
Cite as 2018 S.O.S. 2667
Full text click here >

- Foreclosures -

A trustee was statutorily required to disburse surplus funds from a foreclosure sale to the trustor after it paid the costs and expenses of the sale and the encumbrances.

Placer Foreclosure, Inc. v. Aflalo - filed May 30, 2018, Second District, Div. Six
Cite as 2018 S.O.S. 2683
Full text click here >

- Landlord Tenant -

A renter's month-to-month tenancy terminated once the renter stopped making rent payments and her landlord commenced a wrongful detainer action. As of the filing of the wrongful detainer action, the tenant was a tenant at sufferance who had no lawful right to possession of the premises. A landlord has no liability for damage to a tenant's property left on the premises when that damage was not caused by the landlord's intentional act or negligence.

Multani v. Knight - filed May 24, 2018, Second District, Div. Four
Cite as 2018 S.O.S. 2602
Full text click here >

- OSHA -

In setting standards for toxic substances, the U.S. Occupational Safety and Health Administration is required to give due regard to the question of feasibility, but feasibility is not a consideration under Proposition 65’s warning requirement. A no observable effect level is not conclusive evidence that an exposure will have no effect; a determination that a chemical is known to the state to cause cancer or reproductive toxicity differs from a determination that an exposure will have no observable effect.

Mateel Environmental Justice Foundation v. Office of Environmental Health Hazard Assessment - filed June 5, 2018, First District, Div. Two
Cite as 2018 S.O.S. 2905
Full text click here >

-Partition -

A court cannot order the manner of a property's partition before determining the ownership interests in the property.

Summers v. Superior Court (Tan) - filed June 1, 2018, First District, Div. One
Cite as 2018 S.O.S. 2886
Full text click here>

-Receivership -

Health and Safety Code Sec. 17980.7(c) is inapplicable if a receiver has already been appointed for a rental housing property. The Legislature intended Health and Safety Code Sec. 17980.7(c) and Code of Civil Procedure Sec. 568.3 to be mutually exclusive. A "successor in interest," as used in Sec. 17980.7, does not include a receiver.

Kaura v. Stabilis Fund, II, LLC - filed June 13, 2018, Fourth District, Div. Two
Cite as 2018 S.O.S. 2971
Full text click here >

- Specific Performance -

A party's election to have the trial court decide his specific performance claim waived any claims of error he had based on the jury trial proceedings leading up to, and including a mistrial declaration. Tierney v. Javaid - filed May 31, 2018, First District, Div. Three Cite as 2018 S.O.S. 2880 Full text click here >

Tierney v. Javaid - filed May 31, 2018, First District, Div. Three
Cite as 2018 S.O.S. 2880
Full text click here >

- Tribal Sovereign Immunity -

The Supreme Court's prior ruling in County of Yakima v. Confederated Tribes and Bands of Yakima Nation addressed the proper taxation for Indian reservations comprised of land held in trust by the United States and fee-patented land held by private parties. It did not establish a rule that tribal sovereign immunity does not apply to in rem suits.

Upper Skagit Indian Tribe v. Lundgren - filed May 21, 2018
Cite as 2018 S.O.S. 17-387_ap6c
Full text click here >

- Water Rights -

A trial court erred in failing to defer to a state agency's determination that a federal program to obtain water flow and storage rights from willing sellers would avoid conflict and injury to other existing water rights. There is no principle in California law that recognizes "storage rights" in a reservoir, outside of the reservoir owner. Walker Lake is part of the Walker River Basin.

United States v. United States Board of Water Commissioners - filed May 22, 2018
Cite as 2018 S.O.S. 15-16316
Full text click here >

A trial court erred in dismissing the water rights claims filed by a tribe and the federal government on the basis of res judicata since the claims were brought under the same caption as a prior action and did not constitute a new action.

United States v. Walker River Irrigation District - filed May 22, 2018
Cite as 2018 S.O.S. 15-16478
Full text click here >

 
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