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VOLUME 14 | NUMBER 11 | NOVEMBER 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
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

Susan J. Booth
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)
Greg Maestri

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
Rosslyn "Beth" Stevens Hummer

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

The Real Property Section is growing its presence on social media. We invite you to like and follow us!

Facebook:  https://www.facebook.com/LACBARealPropertySection/

Linkedin:  https://www.linkedin.com/groups/13746897/ and

Instagram:  https://www.instagram.com/real_property_section/

In addition, we encourage you to download the My LACBA Mobile App and learn more about it here: https://www.lacba.org/resources/my-lacba

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

 
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Coming Events
 

December 3, 2019
A Primer on Rent Control, Housing/Land Use, and Affordable Housing Issues in California

This program will generally focus on rent control, broader housing and land use issues, and affordable housing. It will also include a discussion of the Rental Affordability Act which was just cleared by the California Secretary of State’s Office to start collecting signatures in order to qualify for placement on the ballot as a Proposition, and AB 1482, a measure that would apply statewide, except in those jurisdictions which already have rent control.

> Click here for more information


December 3, 2019
The Language of Loans

The LACBA Real Estate Finance Subsection and CRE Finance Council Young Professionals invite you to join them for a networking cocktail hour and a CLE program on the basics of secured real estate lending. This program is targeted to early career lawyers, young real estate professionals, and other young professionals interested in getting involved in real estate finance. After the success of last year’s program, this program is back with more! Wrap up the 2019 year by joining us as we go through the nomenclature of real estate finance with the goal of helping attendees to better understand the specialized language, acronyms and terms used daily in real estate finance transactions.  Questions and participation will be encouraged.

> Click here for more information


February 4, 2020
Common Mistakes Real Estate Attorneys Make When Drafting Documents

REVISED DATE - Tuesday, February 4, 2020

Every day across the country, real estate lawyers are drafting contracts that cannot be enforced because they weren’t drafted correctly. The law of contracts has numerous pitfalls and common drafting mistakes expose your clients to unnecessary risk. During this program, our speakers will guide you through typical real estate contract provisions and show you how to navigate around the drafting landmines. If you are new to preparing real estate contracts or simply need a quick refresher, you do not want to miss this program! 

> Click here for more information


April 15, 2020
Developments in Real Estate Finance 2019

Please join us for a networking meet & greet and this informative annual presentation from the Finance Subsection – this year on the Westside! The 22nd annual Developments in Real Estate Finance program will be held at the Century City offices of Cox, Castle & Nicholson LLP!

The extended format (1.5 hour) program will include a lively discussion of the most important developments in real estate finance law during 2019. The program will provide attendees with insights from recent relevant cases and regulations, including a primer on finance concepts that have been retested in the courts or updated by legislation. There will be a networking cocktail hour before and after the event for attendees to mingle with fellow real estate professionals. Don’t miss this exciting opportunity to be at the forefront of the latest real estate finance developments and connect with others in the real estate field!

> 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
 
- EPA -

A plaintiff’s claims based on its interpretation of how the Environmental Protection Agency will apply an administrative rule in conducting risk determinations do not present a justiciable controversy because the plaintiff’s theory of injury is too speculative. Language in the preamble to an agency rule is not a final agency action, and thus is not reviewable under the Administrative Procedure Act. Assuming the Toxic Substances Control Act requires the EPA to consider all conditions of use within the scope of a chemical substance’s risk evaluation, the provisions of the Risk Evaluation Rule challenged by the plaintiffs do not evince any contrary intent on the part of EPA. The EPA’s categorical exclusion of legacy uses and associated disposals from the definition of conditions of use is contradicted by the Toxic Substances Control Act, but the EPA’s exclusion of legacy disposals is not.

Safer Chemicals v. U.S. Environmental Protection Agency - filed Nov. 14, 2019
Cite as 2019 S.O.S. 17-72260
Full text click here >

- Hazardous Waste -

A parent corporation has direct liability for the remediation of a subsidiary’s hazardous waste if it participated in activities specifically related to pollution; it need not have eccentric control over either compliance with regulations for hazardous waste or its disposal if the parent was in control over the activity resulting in pollution.

Atlantic Richfield v. Central Valley Regional Water Quality Control Board - filed Sept. 13, 2019, publication ordered Oct. 15, 2019, Third District
Cite as 2019 S.O.S. 3152
Full text click here >

- Land Use -

An initiative adopted by a city council created an impermissible conflict within the city’s general plan by amending the open-space element to prohibit residential development that the land use element continued to allow; a court may direct a city to correct inconsistencies in its general plan when the inconsistency is created by an initiative amending an existing plan.

Denham v. City of Richmond (Sierra Club) - filed Oct. 25, 2019, First District, Div. Four
Cite as 2019 S.O.S. 3270
Full text click here >

- Tax Lien -

The California Department of Tax and Fee Administration’s asserted tax lien against a property was a concrete and actual interest giving it standing to challenge a competing claim to the proceeds of the sale of the property. Each claimant in a dispute under Civil Code §2924j has their own burden to prove each fact essential to their claim. A parcel number alone was not enough to resolve an ambiguity in a trust deed where the parcel number did not describe the property’s actual, physical location.

MTC Financial v. California Department of Tax and Fee Administration (Mehta) - filed Oct. 31, 2019, Fourth District, Div. Three
Cite as 2019 S.O.S. 3411
Full text click here >

- Tax Sale -

A county that has sold a delinquent taxpayer’s property does not owe a fiduciary duty to the property owner; the owner has no right or property interest in any return on investment or interest the county may have earned on the excess proceeds from selling his property at a tax sale.

Hodges v. County of Placer - filed Oct. 29, 2019, Third District
Cite as 2019 S.O.S. 3336
Full text click here >

 
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