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VOLUME 15 | NUMBER 3 | MARCH 2020
 
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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,
Sr. Commercial Underwriting Counsel
Fidelity National Title - National Commercial Services
Teresa.Hillery@fnf.com

 

Real Property Executive Committee:

SECTION OFFICERS

Chair
Eric A. Altoon

Vice Chair (Programming)
Kelsey M. Thayer

Vice Chair (Communications)
Teresa Y. Hillery

Vice Chair (Membership)
Daniel K. Liffmann

Treasurer
Laurence L. Hummer

Secretary
Rachel Meghan Sanders

Immediate Past Chair
Claire Hervey Collins

 

EXECUTIVE COMMITTEE MEMBERS

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)
John Ford

Section Administrator
Fatima Jones

 

SUBSECTION CHAIRS

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
Julie Hamill

Real Estate Finance Subsection, Co-Chairs
Jane L. Hinton
Gretta Moy

Title Insurance Subsection, Co-Chairs
Elmira Rezaei Howard
James H. Treadwell

 

PAST CHAIRS

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

*Deceased

 
Introductory Remarks

Message from the Chair

In light of COVID-19, our April Continuing Legal Education (CLE) programs have been postponed. We know that our CLE programs are among the many benefits you value most in membership with our Section. In this regard, we do want to continue to be of value to our Members and, therefore, we are entertaining the idea of a series of webinar-only programs, at least for the time being, focused on how COVID-19 has impacted and changed the landlord/tenant, lender/borrower and owner/contractor relationships. By way of example, one of such programs might focus on landlord/tenant responsibilities and issues in connection with COVID-19 and suggested lease modifications to such lease provisions dealing with force majeure, frustration of purpose, business interruption insurance, janitorial services, security services and rules and regulations. We are in the initial stages of planning these programs and identifying expert panelists. If and when any of these programs has been finalized and confirmed, you will be notified by email. In the meantime, your health and safety are of the utmost importance to us. If you have any questions regarding updates on the status of our programs or would like to get involved in planning future webinar programs, please do not hesitate to contact me at eric.altoon@altoonlaw.com or our Vice Chair of Programming, Kelsey Thayer, at kthayer@spcllp.com.

Eric Altoon
Chair, Real Property Section

 

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Coming Events
 

Due to COVID-19, our April CLE programs have been postponed. If you have registered for any of our April programs, your registration fee will be refunded in full by the LACBA. It is our hope to reschedule these dynamic seminars in the coming months, so please stay tuned!

 
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CLE Anytime
 

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.

Completion Guaranties: Negotiating and Drafting Tips
Supporting Women Real Estate Attorneys – Empowerment Strategies
Recent Developments in Real Estate Finance
Nuts and Bolts of Commercial Real Estate Foreclosure

 
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Recent Cases
 
- Coastal Development Permits -

A trial court erred in concluding that a coastal development permit was required under state law regulations promulgated by the California Coastal Commission where the commission had certified a city’s local coastal program and the local coastal program provisions did not require coastal development permits for improvements to existing structures.

Citizens for South Bay Coastal Access v. City of San Diego - filed Feb. 18, 2020, Fourth District, Div. One
Cite as 2020 S.O.S. 679
Full text click here >

- EIR -

An environmental impact report project description should include reasonably foreseeable future activities that are the consequence of project approval; it should address environmental effects of future action, if there is credible and substantial evidence that it is a reasonably foreseeable consequence of the project, and the future action will be significant in that it will likely change the scope and nature of the project and its environmental effects. The California Environmental Quality Act does not require an EIR to discuss future developments which are unspecified or uncertain. CEQA requires that an EIR should be prepared with a sufficient degree of analysis in order to provide decisionmakers with sufficient information to enable them to make decisions which take into account environmental consequences.

Environmental Council of Sacramento v. County of Sacramento (Cordova Hills) - filed Jan. 30, 2020, publication ordered March 2, 2020, Third District
Cite as 2020 S.O.S. 955
Full text click here >

When determining what is reasonably possible when disclosing information in an environmental impact report, the term must be defined and applied by considering the purpose of preparing an EIR. The reduction of a positive net effect on water supply is an adverse environmental impact. The mitigation measures for a project’s significant impacts to water supplies inappropriately deferred formulation of the measures or delayed the actual implementation of the measures. A finding that a project’s conversion of agricultural land would be mitigated to a less than significant level was not supported by substantial evidence where the finding was based on the use of agricultural conservation easements, which do not actually offset the conversion of farmland. The magnitude of noise increase must be addressed to determine the significance of change in noise levels.

King and Gardiner Farms, LLC v. County of Kern - filed Feb. 25, 2020, Fifth District
Cite as 2020 S.O.S. 841
Full text click here >

- Encroachments -

Whether a trespass or nuisance claim for an encroachment is barred by the statute of limitations turns on whether the encroachment is continuing or permanent; for permanent encroachments, the three-year statute of limitations begins to run on the date the encroachment began, and bars all claims brought after its passage; for continuing encroachments, a plaintiff may assert a claim even if the encroachment began outside the limitations period, but is limited to recovering damages incurred in the preceding three-year period. The crucial test of the permanency of a trespass or nuisance is whether the trespass or nuisance can be discontinued or abated.

Madani v. Rabinowitz - filed Feb. 24, 2020, Second District, Div. four
Cite as 2020 S.O.S. 800
Full text click here >

- Nonjudicial Foreclosure -

The purchaser of a deed of trust was not entitled to rescission or his purchase where there was no irregularity, unfairness or fraud in the nonjudicial foreclosure notice and sale process itself. Recording of the deed of trust by the trustee is not an irregularity in the notice or procedure of the sale because again, it occurs after the sale has been completed.

Matson v. S.B.S. Trust Deed Network - filed March 5, 2020, Fourth District, Div. One
Cite as 2020 S.O.S. 1017
Full text click here >

 
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