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VOLUME 14 | NUMBER 3 | MARCH 2019
 
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IN THIS ISSUE
 
Introductory Remarks
>
Coming Events
>
CLE Anytime
>
Recent Cases
>
 

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

Editor:
Teresa Y. Hillery
Vice President, Commercial Underwriting Counsel
Fidelity National Title Group
Teresa.Hillery@fnf.com

 

Real Property Executive Committee:

SECTION OFFICERS

Chair
Claire Hervey Collins

First Vice Chair
Eric A. Altoon

Second Vice Chair
Kelsey M. Thayer

Treasurer
Laurence L. Hummer

Secretary
Rachel Meghan Sanders

Immediate Past Chair
Caroline Dreyfus

 

EXECUTIVE COMMITTEE MEMBERS

Susan Booth
Norman A. Chernin
Brant H. Dveirin
James C. Earle
Marcia Gordon
Owen P. Gross
Teresa Y. Hillery
Ben Howell
Daniel K. Liffmann
Beth Peterson
Jesse Shapiro
Linda E. Spiegel
Ira J. Waldman

Barrister’s Liaison (non-voting):
Greg Maestri

Law School Liaison:
Misty Marie Sanford

Section Administrator
Fatima Jones

 

EMERITUS MEMBERS

Michael Bayard
Susan J. Booth
Elizabeth Spedding Calciano
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
Pamela Westhoff
Norma Williams

 

SUBSECTION CHAIRS

Commercial Development and Leasing Subsection, Co-Chair
Trudi J. Lesser

Commercial Development and Leasing Subsection, Co-Chair
Herman Enayati

Construction Law Subsection Chair
John D. Hanover

General Real Estate Subsection Co-Chair
William J. Bernfeld

General Real Estate Subsection Co-Chair
Stacey A. Villagomez

Land Use Planing and Environmental Law Subsection Chair
Rosslyn "Beth" Stevens Hummer

Real Estate Finance Subsection, Co-Chair
Jane L. Hinton

Real Estate Finance Subsection, Co-Chair
Erik M. North

Title Insurance Subsection Co-Chair
Motunrayo Dideolu Akinmurele

Title Insurance Subsection Co-Chair
Elmira Rezaei Howard

 

 

Introductory Remarks

You are invited to our Real Property Section No-Host Meet and Greet Spring Social on April 18, 2019, at 5:30 p.m. The DTLA venue will be confirmed at a later date. RSVP today to Jane Hinton at JHinton@Hunton.com or reach out to your contact in the Real Property Section Executive Committee for more information. Further details will be circulated.


Panel-March-20-2019-Real-Property-Program

(L-R) Amy Wan, Founder of Sagewise; Morvareed Salehpour, Managing Partner of Salehpour Legal Consulting; Henry Elder of Digital Asset Advisors; and Herman Enayati, Shareholder at Polsinelli LLP. This dynamic panel, moderated by Mr. Enayati, participated in the Finance Subsection’s engaging discussion on “demystifying Blockchain in real property financing transactions.” The panel discussed the applications and benefits of Blockchain technology in today’s market and predicting future uses, while providing some personal anecdotes on the things to watch for in an evolutionary real estate finance market and its application. If you missed this superb discussion, please look out for the webcast of the event.

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

 
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Coming Events
 
April 2

Supporting Women Real Estate Attorneys

During this program we will hear from a panel of successful attorneys who will discuss the challenges facing female commercial real estate attorneys, ways to navigate a male-dominated legal industry, and tips for success for all new attorneys.

> Click here for more information

 
April 17

Recent Developments in Real Estate Finance

This annual presentation will include a lively discussion of the most important developments, from both reported cases and new legislation, in real estate finance law during 2018.

> Click here for more information

 
May 7

ADA Fundamentals for Real Estate Lawyers

This program will cover the ins and outs of the Americans with Disabilities Act and its impact on a real estate attorney’s legal practice.  Topics for discussion include the impact of the ADA on public accommodations, website accessibility, and service animals.

> Click here for more information

 

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
 
- Eminent Domain -

A condemnee is entitled to compensation for lost goodwill if any portion of that loss is unavoidable. A condemnee need only prove some or any unavoidable loss of goodwill to satisfy the condemnee's burden to demonstrate entitlement to compensation for goodwill under Code of Civil Procedure Sec. 1263.510.

Los Angeles County Metropolitan Transportation Authority v. Yum Yum Donut Shops, Inc. - filed Feb. 26, 2019, Second District, Div. One
Cite as 2019 S.O.S. 917
Full text click here>

- Landlord Tenant -

When a landlord returns a tenant's rent check without cashing it based on a de minimis shortage in the agreed-upon rent, a tenant can assert the landlord's bad faith in rejecting the payment as a defense to an unlawful detainer action.

Bawa v. Terhune; Superior Court of California, County of Los Angeles - filed Jan. 30, 2019
Cite as 2019 S.O.S. 1200
Full text click here >

- Listing Agreements -

Evidence of the existence of an office policy for a worker to initial the arbitration notice provision in all residential listing agreements presented to her does not establish adherence to the policy, or that a particular listing agreement had been initialed, as a matter of law. Evidence that the realtor intended to accept arbitration by having the worker initial the arbitration notice provision in all residential listing agreements did not outwardly manifest the realtor's assent to arbitration.

Juen v. Alain Pinel Realtors, Inc. - filed Feb. 6, 2019, publication ordered March 6, 2019,
Sixth District
Cite as 2019 S.O.S. 1081
Full text click here >

- NEPA -

An environmental group had standing to bring a challenge to travel management plans implemented by the U.S. Forest Service under the National Environmental Policy Act since the group was trying to protect the environment. The Forest Service complied with both the NEPA and the National Historic Preservation Act in implementing travel management plans that permit limited motorized big game retrieval in three ranger districts of the Kaibab National Forest.

WildEarth Guardians v. Provencio - filed March 13, 2019
Cite as 2019 S.O.S. 17-17373
Full text click here >

- Non-judicial Foreclosure -

A borrower who prevails in obtaining a temporary restraining order enjoining a non-judicial foreclosure sale on a residential property can be a "prevailing borrower" within the meaning of Civil Code Sec. 2924.12(h) for purposes of an award of attorney fees.

Hardie v. Nationstar Mortgage LLC - filed Feb. 27, 2019,
Fifth District
Cite as 2019 S.O.S. 983
Full text click here >

- Super-priority Liens -

Although Health and Safety Code Sec. 17980.7 does not explicitly provide that a court may issue a super-priority lien which displaces previously existing liens, a court can authorize receiver appointment under Code of Civil Procedure Sec. 568 to issue a super-priority lien in appropriate circumstances.

City of Sierra Madre v. Suntrust Mortgage (Pasternak) - filed Feb. 26, 2019, Second District, Div. Three
Cite as 2019 S.O.S. 922
Full text click here >

- Wrongful Foreclosure -

While a beneficiary or trustee under a deed of trust who conducts an illegal, fraudulent or willfully oppressive sale of property may be liable to the borrower for wrongful foreclosure, a trustee has no duty to verify that the beneficiary received a valid assignment of the loan or to verify the authority of the person who signed a substitution of trustee.

Citrus El Dorado v. Chicago Title Company - filed March 5, 2019,
Fourth District, Div. Two
Cite as 2019 S.O.S. 1071
Full text click here >

 
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