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VOLUME 16 | NUMBER 3 | MARCH 2021
 
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IN THIS ISSUE
 
Introductory Remarks
>
Coming Events
>
CLE Anytime
>
Members Spotlights
>
Recent Cases
>
 

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

Editor:
Rachel M. Sanders
Senior Counsel | Real Estate Litigation
Allen Matkins Leck Gamble Mallory & Natsis LLP
rsanders@allenmatkins.com

 

Real Property Executive Committee:

SECTION OFFICERS

Chair
Kelsey M. Thayer 

Vice Chair (Programming)
Teresa Y. Hillery 

Vice Chair (Communications)
Rachel M. Sanders

Vice Chair (Membership)
Daniel K. Liffmann

Treasurer
Owen P. Gross

Secretary
Trudi J. Lesser

Immediate Past Chair
Eric A. Altoon

 

EXECUTIVE COMMITTEE MEMBERS

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

 

SUBSECTION CHAIRS

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

 

PAST CHAIRS

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

*Deceased

 

 

Introductory Remarks

If your membership to LACBA’s Real Property Section has lapsed, this will be your final newsletter. Renew your membership now so as not to miss out on the fantastic benefits available to Section members, including networking and speaking opportunities, reduced pricing on MCLE programs, the Section’s monthly newsletter, the opportunity to be highlighted in our monthly member spotlights, and much more.

Please take a moment to visit https://www.lacba.org/sections/become-a-member and renew your membership today.

Rachel M. Sanders
Editor, Real Property Section Newsletter
E-mail address: rsanders@allenmatkins.com


Find Us on Social Media

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Coming Events
 

March 25, 12:30 p.m. -1:30 p.m.
Revising Commercial Leases as a Result of the Pandemic

Join experienced professionals as they discuss lease provisions such as rent deferral/abatement, force majeure, common area costs, alterations, and other provisions that are being negotiated and may need to be addressed due to the COVID-19 pandemic. This program will cover the latest developments in leasing that all real estate attorneys and professionals should know about.

> Click here for more information and to register.


March 26, 12:30 p.m. - 1:30 p.m.
The Ethics of an ADA Compliance Complaint from Lease to Trial

The topic of this MCLE will be sifting the wheat from the chaff when faced with an ADA compliance liability complaint; specifically, defending against the drive by mill cases and the ethical issues that they present to plaintiff’s counsel.

This is a must see program for real estate attorneys, litigators, and industry participants, including landlords and tenants!

> Click here for more information and to register


April 5, 12:30 p.m. - 1:30 p.m.
1031 Exchanges – Strategies, Rules & Structure

This program will review and discuss the various legal and business questions surrounding a 1031 exchange. It will summarize the important questions that attorneys should ask their clients in determining whether a 1031 exchange is the right choice and delve into the various tax considerations, legal requirements and important distinctions among the types of 1031 exchanges.

> Click here for more information and to register

 

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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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 viviennechc@gmail.com.

Members Spotlight - Steve Farenbaugh-web

Member Spotlight - Mark Hikin-web

 
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Recent Cases
 
- Environmental Law -

The plain language of Water Code §13267 makes clear that in order to require a discharger to provide a regional water quality control board with any technical report, the board must provide a written explanation with regard to the need for the reports and identify the evidence that supports requiring that person to provide the reports; §13627 requires the burden of conducting site investigations and producing reports to be reasonable in light of the benefits to be obtained, but §13267 contains no requirement that a cleanup and abatement order include any type of weighing or cost-benefit analysis. It is not the character of a material that makes a substance waste under the Porter-Cologne Water Quality Control Act, it is the uses to which the material is employed. The threat of a condition of pollution can justify issuance of a cleanup and abatement order.

Sweeney v. California Regional Water Quality Control Board - filed Feb. 18, 2021, First District, Div. Three
Cite as 2021 S.O.S. 774
Full text click here >

To prove a violation of the Clean Water Act, the government must prove that a defendant knew he was discharging material into water, but need not prove that the defendant knew he discharged the pollutant in to waters of the United States. The regulatory definition of waters of the United States that existed prior to a 2020 amendment was not unconstitutionally vague; the 2020 narrowing of the definition of waters of the United States represents a change in the law that does not apply retroactively.

U.S. v. Lucero - filed March 4, 2021
Cite as 2021 S.O.S. 19-10074
Full text click here >

- Fair Housing Amendments Act  -

In order to establish a claim under 42 U.S.C. §3604(f)(3)(B), a plaintiff must show that absent an accommodation, his disability would cause him to lose an equal opportunity to use and enjoy a dwelling. There is no standalone liability under the Fair Housing Amendments Act for a landlord’s failure to engage in an interactive process.

Howard v. HMK Holdings - filed Feb. 23, 2021
Cite as 2021 S.O.S. 18-55923
Full text click here >

- Prescriptive Easements   -

When the trial court has exercised its equitable powers, the appellate court reviews the judgment under the abuse of discretion standard; the existence or nonexistence of each of the elements of a prescriptive easement is a question of fact; an appellant cannot transmute a determination on the existence of a prescriptive easement into a question of law simply by asserting that he is not presently disputing the judge’s underlying factual findings.

Husain v. California Pacific Bank - filed March 9, 2021, First District, Div. Two
Cite as 2021 S.O.S. 994
Full text click here >

- Trusts & Title to Real Property  -

As a matter of law, only trustees—not trusts—can hold legal title to property; natural persons who are acting as trustees of a revocable living trust and are also the trust’s settlors and beneficiaries qualify as a landlord where the landlord is defined as a natural person, or group of natural persons, who in good faith hold a recorded fee interest in the property.

Boshernitsan v. Bach - filed March 12, 2021, First District, Div. One
Cite as 2021 S.O.S.
Full text click here >

 
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