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Introductory Remarks
Coming Events
Recent Cases
Real Property Executive Committee:


Susan J. Booth

First Vice Chair
Caroline Dreyfus

Second Vice Chair
Claire Hervey-Collins

Eric Altoon

Misty Sanford  

Immediate Past Chair
Brant Dveirn  

Barristers Liaison
Christopher Bordenave

Section Administrator
Fatima Jones



Nedra E. Austin
Janna Boelke
James Earle
George Fatheree
Robert T. Flick
Daniel L. Goodkin
Owen P. Gross
Marybeth Heydt
Teresa Y. Hillery
Ben Howell
Laurence L. Hummer
Trudi Lesser
Kyle B. Marks
Beth Peterson
Linda E. Spiegel
Kelsey M. Thayer
Loretta Thompson
Seth Weissman



Michael Bayard
Norm Chernin
Peter Gelles
Byron Hayes
Gordon Hunt
Bryan Jackson
Michael Klein
Mark Lamken
Gregg Loubier
Victor Marmon
O'Malley Miller
Donald Nanney
Gytis Nefas
James Richman
Ronald Silverman
Sarah Spyksma
Theresa Tate
Timothy Truax
Richard Volpert
Ira Waldman,
Pamela Westhoff
Norma Williams
Paula Reddish Zinneman


Commercial Development and Leasing
Marcia Gordon
Construction Law
Donna Kirkner
Jane Hinton
General Real Property
Rachel Sanders
Land Use Planning & Environmental Law
Brandon Ward
Title Insurance
Zi Lin



Introductory Remarks

Construction and Real Estate Attorneys Tour Construction of New Gerald Desmond Bridge Project!

Desmond Bridge Project group photo

A group of Los Angeles construction and real estate attorneys were taken on a construction site-visit of the new $1.5 billion Gerald Desmond Bridge Replacement Project being built at the Port of Long Beach.

Many thanks to Adam Winegard (Hill International Consulting, Inc.), Stephen MacLennan (Program Director for the Project), Donna Kirkner (Construction Subsection Chair), and a host of others for a successful and exciting tour.

For more details and pictures of the project, click here.

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

Coming Events
Contamination Issues in Eminent Domain Cases
November 9, 2016

The presence, or potential presence, of environmental contamination complicates any real estate matter. But when the government is taking property by or under threat of eminent domain, the complexity of investigating and assessing potential contamination issues is heightened.

In a lively discussion, lawyers from both the property owner and government perspectives, as well as a senior government agency representative, will shed light on the issues and weigh in on what any practitioner should know about contamination in eminent domain matters.
> Click here for more information

Ratification, Estoppel, and Unclean Hands Defenses
November 15, 2016

Please join us as we discuss the applicable legal authorities pertaining to ratification, estoppel, and unclean hands as defenses to a claim that an instrument is void due to forgery.
> Click here for more information

> Click here for the LACBA Calendar of Events

Recent Cases
- CEQA -

When an agency proposes changes to a previously approved project, the agency's environmental review obligations under CEQA depend on the effect of the proposed changes on the decision making process, rather than on any abstract characterization of the project as "new" or "old". The agency must determine whether the previous environmental document retains any relevance in light of the proposed changes and, if so, whether major revisions to the previous environmental document are nevertheless required due to the involvement of new, previously unstudied significant environmental impacts, such determinations being subject to judicial review under a substantial evidence standard.

Friends of the College of San Mateo Gardens v. San Mateo County Community College District- filed Sept. 19, 2016
Cite as 2016 S.O.S. 4725
Full text click here

- Development -

Plaintiff's claim that the city's collection of "in-lieu" fees for building permit application, on its face, violated the due process clause of the U. S. Constitution was untimely when brought more than 90 days after the fees were adopted. Plaintiff failed to show that imposition of fees, "as applied," was unconstitutional or violated the Mitigation Fee Act. The burden was on plaintiff to prove the fees were not "reasonably related" to the deleterious public impact caused by development.

616 Croft Avenue, LLC v. City of West Hollywood - filed Sept. 23, 2016, Second District, Div. One
Cite as 2016 S.O.S. 4804
Full text click here

Order denying developer's writ petition challenging city's cancellation of its approval of a housing project is not appealable, to the extent the petition relies on the Housing Accountability Act. Review of such denial is, according to the act, available only by writ petition to the Court of Appeal. City's cancellation of approval was not an abuse of its discretion where there was substantial evidence that the proposed project violated the visual and scenic elements requirement of the California Coastal Act, and because the Coastal Act takes precedence over statutes awarding density and height increase bonuses for proposed residential developments that include affordable housing units.

Kalnel Gardens, LLC v. City Of Los Angeles - filed Sept. 29, 2016, Second District, Div. Eight
Cite as 2016 S.O.S. 4911
Full text click here > 

-Eminent Domain -

Governor's exercise of power granted by the Indian Gaming Regulatory Act to concur in the decision of the Secretary of the Interior to take land into trust for purposes of Indian gaming is not legislative and therefore does not violate the state constitutional separation of powers.

United Auburn Indian Community of The Auburn Rancheria v. Brown - filed Oct. 13, 2016, Third District
Cite as 2016 S.O.S. 5071
Full text click here >

- Landlord/Tenant -

Ordinance barring landlord from applying for permit to merge existing housing units within 10 years of having evicted a tenant for the purpose of removing any of such units from the housing market was preempted by the Ellis Act.

San Francisco Apartment Association v. City and County of San Francisco - filed Sept. 19, 2016, First District, Div. Three
Cite as 2016 S.O.S. 4759
Full text click here > 

- Nonjudicial Foreclosure -

Although a lender may not obtain a deficiency judgment from a borrower following a nonjudicial foreclosure of real property, this protection does not extend to guarantors, unless the guarantor has waived antideficiency defenses. Substantial evidence did not support the trial court’s conclusion that a guarantor that had waived such protection was not liable for a deficiency because it was, in actuality, a principal borrower.

LSREF2 Clover Property 4, LLC v. Festival Retail Fund 1 - filed Oct. 4, 2016, Second District, Div. Two
Cite as 2016 S.O.S. 4943
Full text click here >  

- Subsidized Housing -

Requirement of the former community redevelopment laws that cities pay a portion of their "tax increment" into a fund for subsidized housing in the redevelopment project area did not create "enforceable obligations" within the meaning of Health and Safety Code Sec. 34171(d)(1), so the requirement does not survive the abolition of tax increment under the "Great Dissolution" of California redevelopment agencies.

Covarrubias v. Cohen - filed Oct. 7, 2016, Third District
Cite as 2016 S.O.S. 5015
Full text click here


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