Real Property Section-newsletter-banner 2
VOLUME 16 | NUMBER 6 | JUNE 2021
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Introductory Remarks
CLE Anytime
Members Spotlights
Recent Cases

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

Rachel M. Sanders
Senior Counsel | Real Estate Litigation
Allen Matkins Leck Gamble Mallory & Natsis LLP


Real Property Executive Committee:


Kelsey M. Thayer

Vice Chair (Programming)
Teresa Y. Hillery

Vice Chair (Communications)
Rachel M. Sanders

Vice Chair (Membership)
Daniel K. Liffmann

Owen P. Gross

Trudi J. Lesser

Immediate Past Chair
Eric A. Altoon



Norman A. Chernin
Claire Hervey Collins
Caroline Dreyfus
Brant H. Dveirin
Kimia Ghalambor
Marcia Gordon
Jane L. Hinton
Laurence L. Hummer
Danielle Katzir
Linda E. Spiegel
Ira J. Waldman

Law School Liaison
Misty M. Sanford

Barrister’s Liaison (non-voting)
Vivienne Chen

Section Administrator
Fatima Jones



Commercial Development and Leasing Subsection, Co-Chairs
Steven Farenbaugh
Dan Villalpando

Construction Law Subsection, Chair
John D. Hanover

General Real Property Subsection, Co-Chairs
Michael Davis
Joe Dzida

Land Use Planning and Environmental Law, Subsection Chair
Julie Hamill

Real Estate Finance Subsection, Co-Chairs
Mark Hikin
Gretta Moy

Title Insurance Subsection, Chair
James H. Treadwell



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
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

Despite all the challenges in the last year, I am so impressed and heartened by how the Real Property Section's Executive Committee members came together to support one another and serve not only real estate lawyers but the larger community. When I reflect back on my time as Chair, it’s truly remarkable what the Section has accomplished in the midst of the pandemic and I am so grateful to each and every member of the Executive Committee for making it all happen. It’s been an absolute honor and privilege to serve as your Chair and is truly one of the highlights of my legal career. I very much look forward to the future success of the Section under Teresa Hillery’s leadership.

Kelsey Thayer
Immediate Past Chair, Real Property Section

Find Us on Social Media

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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

Members Spotlights

The Real Property Section is excited to feature monthly member spotlights. If you are a member of the Real Property Section and would like to be spotlighted in an upcoming post and newsletter, please contact our social media manager, Vivienne Chen, at

Spotlight_Eric Altoon 540w

Spotlight_Trudi Lesser_540w

Spotlight_Norma Williams_540w

Recent Cases
- Civil Code section 5986 -

A final judicial decision on the merits within the meaning of Civil Code §5986(d) does not encompass a judgment that was not final on appeal as of the statute’s effective date. A prelitigation vote requirement in the governing declaration of covenants, conditions, and restrictions for a nonprofit mutual benefit corporation, requiring the corporation obtain the consent of more than 50% of its condominium owner members before filing a construction defect claim, violates fundamental state public policy.

Smart Corner Owners Association v. CJUF Smart Corner - filed May 20, 2021, Fourth District, Div. One
Cite as 2021 S.O.S. 2134
Full text click here >

- Environmental Law -

The U.S. Fish and Wildlife Service’s rule requiring that affected states receive 30-day notice of an intent to file a petition to list an endangered species did not pass the Chevron test since the pre-file notice rule created a procedural hurdle allowing the agency to refuse to consider a petition that was properly submitted, complied with the substantive requirements in all other aspects, and was otherwise entitled to a 90-day finding, while relying on an unreasonable justification that did not accord with the aims of the Endangered Species Act.

Friends of Animals v. Haaland - filed May 17, 2021
Cite as 2021 S.O.S. 20-35318
Full text click here >

A settlement of environmental liabilities must resolve a Comprehensive Environmental Response, Compensation, and Liability Act-specific liability to give rise to a contribution action.

Territory of Guam v. U.S. - filed May 24, 2021
Cite as 2021 S.O.S. 20-382
Full text click here >

While a water district’s reserves may appropriately be included as a component of a property-related fee, the revenues derived from the fee must be required to provide the service, and may be used only for the service; a water district bears the burden of proving its rate increase did not exceed what it costs to provide the water service; to carry its burden, an agency must generally provide evidence identifying the data used, analyzing the cost of service, and demonstrating the proportionality of the rate increase.

KCSFV I v. Florin County Water District - filed May 28, 2021, Third District
Cite as 2021 S.O.S. 2377
Full text click here >

- Fair Housing Amendments Act of 1988 -

The Fair Housing Amendments Act of 1988 does not require landlords to accommodate the disability of an individual who neither entered into a lease nor paid rent in exchange for the right to occupy the premises.

Salisbury v. City of Santa Monica - filed June 7, 2021
Cite as 2021 S.O.S. 20-55039
Full text click here >

- Foreclosures -

The Rosenthal Fair Debt Collection Practices Act can apply to a nonjudicial foreclosure.

Best v. Ocwen Loan Servicing - filed May 21, 2021, Fourth District, Div. Two
Cite as 2021 S.O.S. 2184
Full text click here >


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