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Introductory Remarks
Coming Events
CLE Anytime
Recent Cases

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

Rachel M. Sanders
Senior Counsel | Real Estate Litigation
Allen Matkins Leck Gamble Mallory & Natsis LLP


Real Property Executive Committee:


Kelsey M. Thayer 

Vice Chair (Programming)
Teresa Y. Hillery 

Vice Chair (Communications)
Rachel M. Sanders

Vice Chair (Membership)
Daniel K. Liffmann

Owen P. Gross

Trudi J. Lesser

Immediate Past Chair
Eric A. Altoon



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



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, Co-Chairs
James H. Treadwell



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




Introductory Remarks

The Real Property Section is on social media! Please follow our pages for the most up-to-date information on upcoming programs and events.


Rachel M. Sanders
Editor, Real Property Section Newsletter
E-mail address:

Find Us on Social Media

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Coming Events

December 1, 12:30 p.m. -1:30 p.m.
Elimination of Bias: Women Empowerment Strategies

During this program, we will hear from a dynamic panel of successful female attorneys who will share insights on the elimination of bias in the workplace. These attorneys will discuss challenges facing female real estate attorneys, ways to navigate a male-dominated industry, and tips for success for female attorneys. All attorneys and other professionals will benefit from this important discussion, which qualifies for an Elimination of Bias credit.

> Click here for more information

December 8, 12:30 p.m. - 1:30 p.m.
Mezzanine Loan Remedies Under Article 9

This program will provide a detailed overview of Public Sales & Strict Foreclosures under the UCC with a view towards satisfaction of the commercial reasonableness mandate of Article 9. The program will also analyze several unpublished opinions that grapple with these requirements in the context of the current pandemic. Attempts by lenders to agree in advance by contract on what constitutes a commercially reasonable sale will also be examined.

> 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.

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

Recent Cases
- Environmental Law -

There is no statutory or regulatory provision that requires the Office of Environmental Health Hazard Assessment to consider the Developmental and Reproductive Toxicant Identification Committee's listing declination when determining whether to list a chemical under the authoritative body listing mechanism; OEHHA did not abuse its discretion in interpreting its own regulations and determining the National Toxicology Program had identified Bisphenol A as a reproductive toxicant. OEHHA applies the generally accepted presumption of biological plausibility, where, absent evidence to the contrary, a chemical that causes developmental harm in experimental animals, will cause similar harm in humans.

American Chemistry Council v. Office of Environmental Health Hazard Assessment (Natural Resources Defense Council) - filed Oct. 19, 2020, Third District
Cite as 2020 S.O.S. 4853
Full text click here

A district court erred in failing to modify an injunction requiring the Environmental Protection Agency to promulgate its federal landfill emissions plan by a specific deadline where the agency promulgated new regulations moving the EPA's deadline further out; the new regulations constituted a change in law, and removed the legal basis for the court's deadline.

California v. U.S. Environmental Protection Agency - filed Oct. 22, 2020 Cite as 2020 S.O.S. 19-17480
Full text click here >

- Implied Dedication -

To establish an implied dedication, the general public must use the property; while neighbors are members of the general public, and their testimony is relevant, use by neighbors is not equivalent to use by the general public; local children are a subset of the neighbors and do not provide the necessary diversity to establish use by the general public.

Tiburon/Belvedere Residents United to Support the Trails v. Martha - filed Oct. 23, 2020, First District, Div. Five
Cite as 2020 S.O.S. 5053
Full text click here

- Residential Tenancies -

Where a tenant's lease was not duly recorded as part of a property's chain of title, it still constituted a valid property right enforceable against a subsequent purchaser who acquired the property with notice of the lease. A lease for the hiring of residential real property means a contract for the temporary possession of a dwelling unit.

MES Investments v. Dadsen Washer Service - filed Sept. 25, 2020, publication ordered Oct. 23. 2020, Second District, Div. Three
Cite as 2020 S.O.S. 5048
Full text click here


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