VOLUME 14 | NUMBER 5 | MAY 2019
dark blue triangle in newsletter heading
Introductory Remarks
Coming Events
CLE Anytime
Recent Cases

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

Teresa Y. Hillery
Vice President, Commercial Underwriting Counsel
Fidelity National Title Group


Real Property Executive Committee:


Claire Hervey Collins

First Vice Chair
Eric A. Altoon

Second Vice Chair
Kelsey M. Thayer

Laurence L. Hummer

Rachel Meghan Sanders

Immediate Past Chair
Caroline Dreyfus



Susan J. 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



Michael Bayard
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



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 Planning 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

Are you registered for our Meet and Greet No Host Social? Have you reserved your seat for our 21st Annual Real Property Installation & Awards Dinner?  It’s not too late to join a vibrant community of real estate professionals, so sign up today for both events.  We’ll see you there!

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

Coming Events
May 21

NEW DATE: Changed or Differing Construction Site Conditions

The LACBA Construction Subsection is pleased to address one of the fundamental areas of change in construction projects – Differing Site Conditions.

> Click here for more information

May 23

Real Property Section Meet and Greet No Host Social Event

Join us on May 23, 2019, from 5:30 p.m. to 7:30 p.m., for the LACBA Real Property Section Meet and Greet No Host Social Event. We will meet at the rotating bar of the BonaVista Lounge located inside the Westin Bonaventure Hotel & Suites at 404 S Figueroa St, Los Angeles, CA 90071.
We hope to see you there.

TO REGISTER, contact Jane Hinton at for more information and further details.

> Click here for more information

May 30

21st Annual Real Property Installation & Awards Dinner

Do not miss the 2019 Real Property Section Installation and Awards Dinner on May 30, 2019, at the Hotel Indigo honoring H. Collyer Church and Pamela Westhoff and presenting Outstanding Young Lawyer awards to Karen Lorang, Alexander G. Davis, Steve Farenbaugh, Elizabeth Levin and AJ Garcia. Tables, Tributes and Tickets can be arranged by contacting Fatima Jones at or calling Member Services at (213) 627-2727.

> Click here for more information

June 11

Retail Leasing Evolution

Our panel will discuss current issues and concerns in a rapidly changing retail environment, including landlord/tenant exit strategies, use clauses, exclusives and right to go dark, reuse, co-tenancy requirements, prohibited uses and how to modernize them, remedies, and bankruptcy effects.

> 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

Recent Cases
- Foreclosure -

Code of Civil Procedure §580d does not preclude a creditor holding two deeds of trust on the same property from recovering a deficiency judgment on the junior lien extinguished by a nonjudicial foreclosure sale on the senior lien.

Black Sky Capital, LLC v. Cobb - filed May 6, 2019
Cite as 2019 S.O.S. 2151
Full text click here >

The right to reinstate a loan under Civil Code §2924c cannot be waived.  When principal comes due as the result of a default, Sec. 2924c allows a borrower to cure that precipitating default and reinstate his or her loan by paying the amount of the default, plus fees and expenses.

Taniguchi v. Restoration Homes - filed April 30, 2019, First District, Div. Two
Cite as 2019 S.O.S. 2086
Full text click here >

- Homeowners Association -

A plaintiff stated a viable breach of contract claim against a homeowners association where the plaintiffs presented evidence the association's covenants, conditions, and restrictions asserted that the association would keep a project's common areas "in first class condition," yet the association was performing no preventive maintenance. Outside the covenants, conditions, and restrictions, the association had no independent duty to maintain pipes and roofing in the project's common areas.

Sands v. Walnut Gardens Condominium Association - filed May 13, 2019, Second District, Div. Eight
Cite as 2019 S.O.S. 2223
Full text click here >

- Landlord Tenant -

A priority use provision, an affirmative obligation to maintain and repair, and the ability to lease the property to others together create sufficient control of the property such that a landowner who leases the property is held liable as a premises owner.

Adamson v. Port of Bellingham - filed May 14, 2019
Cite as 2019 S.O.S. 16-35314
Full text click here >

The single–family dwelling exemption to the Rent Stabilization Ordinance of the City of Los Angeles does not depend on the original design and use of the property. It is the property's current configuration that determines whether the exception applies.

Chun v. Del Cid - filed April 26, 2019, Second District, Div. Four
Cite as 2019 S.O.S. 1982
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 May 6, 2019
Cite as 2019 S.O.S. 17-17373
Full text click here >

Declarations by members of conservationist groups describing how the federal government's participation in the killing of gray wolves threatened their aesthetic and recreational interests in tracking and observing wolves in the wild fell under the scope of National Environmental Policy Act and established injury-in-fact. The injuries were redressable, as the plaintiffs showed that halting the wolf killing for additional NEPA analysis could protect their aesthetic and recreational interests.

Western Watersheds Project v. Grimm - filed April 23, 2019
Cite as 2019 S.O.S. 18-35075
Full text click here >


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