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VOLUME 15 | NUMBER 5 | MAY 2020
 
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IN THIS ISSUE
 
Introductory Remarks
>
Save the Date!
>
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

Real-Property-May-2020-zoom-presentation

On May 5, 2020, presenters Amy Williams, Joe Buonanno and Kim MacLeod of Hunton Andrews Kurth LLP discussed in an interactive Zoom presentation the legal issues that a transition away from the London Interbank Offered Rate (LIBOR) as an interest rate index used in around $250 trillion of financial instruments including real estate mortgage financing. One attendee's dog even showed some interest in the very helpful and informative discussion. Thank you, Amy, Joe, and Kim for an awesome presentation!! We also extend our gratitude to Gretta Moy of Seyfarth Shaw LLP and Jane Hinton of Hunton Andrews Kurth LLP for moderating a fantastic webinar.

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


Find Us on Social Media

Facebook
LinkedIn Instagram Twitter
 
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Save the Date!
 
June 18, 2020, 5 p.m.
Virtual Installation of Officers and BYOB After Party

We know so many of our members and guests looked forward to attending our 22nd Annual Installation and Award Dinner to acknowledge leadership and celebrate excellence in the real estate community. Due to COVID-19, we decided to postpone honoring our awardees until we are able to give them the recognition they deserve. However, the Real Property Section will have its first Zoom Installation on June 18, 2020, at 5 p.m. We hope you will grab a nice bottle of wine or your choice of drink and join us in acknowledging the leadership of the Los Angeles County Bar Association Real Property Section. It will be an officially fun time!!


Finance
June 23, 2020, 12:30 p.m.
Developments in Real Estate Finance 2019

Land Use and Environmental 
June 24, 2020, 1:30 p.m.
SB 330 Program

Finance
July 9, 2020, 12:30 p.m.
Loan Modifications

 
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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
 
- Clean Water Act -

The Clean Water Act requires a permit when there is a direct discharge from a point source into navigable waters or when there is the functional equivalent of a direct discharge.

County of Maui v. Hawaii Wildlife Fund - filed April 23, 2020
Cite as 2020 S.O.S. 18-260
Full text click here >

-Delta Reform Act -

A trial court erred in finding that the Delta Stewardship Council violated the Delta Reform Act by failing to adopt, as legally enforceable regulations, performance measure targets to achieve certain objectives of the act.

Delta Stewardship Council Cases - filed April 10, 2020, publication ordered May 12, 2020, Third District
Cite as 2020 S.O.S. 2337
Full text click here >

- Environmental Impact -

The U.S. Forest Service’s determination that a Forest Service project did not require an environmental impact statement was arbitrary and capricious where the effects of the projects were highly controversial and uncertain, and where the Forest Service failed to identify and meaningfully analyze the cumulative impacts of the project.

Bark v. United States Forestry Service - filed May 4, 2020
Cite as 2020 S.O.S. 19-35665
Full text click here >

- EPA -

A party established an entitlement to a writ of mandamus compelling the Environmental Protection Agency to resolve a petition cancelling a registered pesticide where, for more than a decade, the EPA frustrated the petitioner’s ability to seek judicial review by withholding final agency action, despite having acknowledged that the pesticide poses widespread, serious risks to the neurodevelopmental health of children.

In re Natural Resources Defense Council, Inc. - filed April 22, 2020
Cite as 2020 S.O.S. 19-71324
Full text click here >

- Foreclosures -

California law does not permit borrowers to bring judicial actions to challenge a foreclosing party’s authority to foreclose on the borrower’s property before a foreclosure has taken place.

Perez v. Mortgage Electronic Registration Systems - filed May 11, 2020
Cite as 2020 S.O.S. 18-16584
Full text click here >

- Landlord Tenant -

An eviction due to a tenant violating an agreement by having an additional adult in a dwelling is only proper when the landlord has reasonably withheld approving the additional tenant.

California Valley Properties, LLC v. Berlfein; Superior Court of California, County of Los Angles - filed March 31, 2020, 2020
Cite as 2020 S.O.S. 1990
Full text click here>

- Malheur National Forest -

The U.S. Forest Service is not obligated by statute, regulation, or case law to memorialize each site-specific grazing authorization’s consistency with the forest plan for the Malheur National Forest, so the absence of such a document is not in itself arbitrary and capricious; courts will defer to the agency’s reasonable exercise of its scientific expertise in choosing how best to meet the requirements of its forest plan while accommodating the competing interests of environmental, recreational, extractive, and other uses in the Malheur National Forest.

Oregon Natural Desert Association v. United States Forest Service - filed May 1, 2020
Cite as 2020 S.O.S. 18-35514
Full text click here >

- Mechanic’s Lien -

Because determining the amount of land benefited by a mechanic’s lien requires a trial court to resolve disputed evidence and make factual findings, the trial court’s ruling will be subject to a substantial evidence standard of review.

Carmel Development Company, Inc. v. Anderson - filed April 30, 2020, Sixth District
Cite as 2020 S.O.S. 2110
Full text click here >

- NHPA -

The take into account directive of §402 of the National Historic Preservation Act requires a process that includes the identification of protected property; generation, collection, consideration, and weighing of information pertaining to how the undertaking will affect the protected property; a determination as to whether there will be adverse effects or no adverse effects on the protected property, and; if necessary, development and evaluation of alternatives or modifications to the undertaking that could avoid or mitigate the adverse effects on the protected property. While §402 requires consultation with the host nation, outside experts, or private parties will be necessary for an agency to meet its obligations, it does not require public participation.

Center for Biological Diversity v. Esper - filed May 6, 2020
Cite as 2020 S.O.S. 18-16836
Full text click here >

- Trustee’s Sale -

The enactment of Civil Code §2924k did not change the rule set out in Caito v. United California Bank.  A creditor holding the second deed of trust encumbering an undivided 75% interest in real property is entitled only to a 75% share of any surplus sales proceeds; the remaining 25% must be distributed to the person who owned the interest that was not encumbered by the second deed of trust.

Zieve, Brodnax & Steele, LLP v. Dhindsa - filed May 13, 2020, Fifth District
Cite as 2020 S.O.S. 2360
Full text click here >

- Unlawful Detainer -

If an unlawful detainer action is filed as an unlimited civil case, and if the landlord waives its claim to damages for the purpose of obtaining a judgment for possession by way of a motion for summary judgment, the court is not required to reclassify the action as a limited civil case.

Hiona v. Superior Court (2154 Taylor) - filed May 6, 2020, First District, Div. Five
Cite as 2020 S.O.S. 2250
Full text click here>

 
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