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VOLUME 13 | NUMBER 10 | OCTOBER 2018
 
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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
Claire Hervey Collins

First Vice Chair
Eric A. Altoon

Second Vice Chair
Kelsey M. Thayer

Treasurer
Laurence L. Hummer

Secretary
Rachel Meghan Sanders

Immediate Past Chair
Caroline Dreyfus

Section Administrator
Fatima Jones

 

EXECUTIVE COMMITTEE MEMBERS

Nedra E. Austin
Norman A. Chernin
Brant H. Dveirin
James C. Earle
Daniel Louis Goodkin
Marcia Z. Gordon
Owen P. Gross
Marybeth Heydt
Teresa Y. Hillery
Donna E. Kirkner
Daniel K. Liffmann
Misty Marie Sanford
Jesse I. Shapiro
Linda E. Spiegel
Loretta Thompson
Ira J. Waldman
Seth I. Weissman

 

EMERITUS MEMBERS

Michael Bayard
Susan J. Booth
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

 
SUBSECTION CHAIRS

Commercial Development and Leasing Subsection, Co-Chair
Herman Enayati

Commercial Development and Leasing Subsection, Co-Chair
Trudi J. Lesser

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 Planing 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

As a friendly reminder, new Rules of Professional Conduct go into effect on November 1, 2018.

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

 
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Coming Events
 

November 13

Records of Survey and the Land Surveyor’s Act

In this program, we will discuss the importance of the Professional Land Surveyors' Act (Business and Professions Code §§ 8700 – 8805) including when to file a Record of Survey, and how to navigate issues arising out of conflicting surveys including disagreements with the County Surveyor.

> 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
 
- CA Coastal Act -

The California Coastal Act provisions governing local coastal programs and the express limits imposed on California Coastal Commission's jurisdiction with regard to development under an LCP–have no application to a port district, or a port district's master plan. Nothing prevents Commission from delineating the statewide policies in its findings, explaining a master plan's deficiencies in detail, or suggesting what sorts of visitor facilities meet the act's goals.

San Diego Unified Port District v. California Coastal Commission (Sunroad Marina Partners) - filed Sept. 7, 2018, publication ordered Oct. 1, 2018, First District, Div. One
Cite as 2018 S.O.S. 4880
Full text click here >

- CEQA -

An active dispute about the county's compliance with an earlier writ, as well as whether its actions comply with the California Environmental Quality Act, is ripe for adjudication.

Golden Door Properties v. County of San Diego - filed Sept. 28, 2018, Fourth District, Div. One
Cite as 2018 S.O.S. 4847
Full text click here>

A challenge to the county's approval of proposed changes to a project was barred by res judicata where the same allegations of non-compliance with the California Environmental Quality Act were raised by a different party in a prior lawsuit. The preparation of a water supply assessment is not required for a plan that is not subject to further CEQA review.

Inland Oversight Committee v. City of San Bernardino (First American Title Insurance Co.) - filed Sept. 14, 2018, publication ordered Sept. 27, 2018, Fourth District, Div. Two
Cite as 2018 S.O.S. 4799
Full text click here>

The prior demolition of a structure that had existed on a property was not a component of the residential construction project now being proposed for purposes of the California Environmental Quality Act where the city had deemed the structure a public nuisance in need of abatement before the property owners applied for a coastal development permit allowing them to build a home on the property.

Bottini v. City of San Diego - filed Sept. 18, 2018, Fourth District, Div. One
Cite as 2018 S.O.S. 4589
Full text click here>

- Deed of Trust -

Language in a deed of trust allowing a lender to incur attorney fees to protest its interest is not a provision that attorney fees can be awarded to the lender.  It simply allows the fees to be added to the secured debt like any other expense the lender may incur in protecting its interest.

Hart v. Clear Recon Corporation - filed Sept. 18, 2018, Second District, Div. Eight
Cite as 2018 S.O.S. 4609
Full text click here >

A party who was not a signatory to a deed of trust was entitled to seek attorney fees in accordance with the deed where the party stood in the shoes of a signatory and the party was subjected to suit as though it was a signatory. The Rosenthal Fair Debt Collections Practices Act provides no independent basis for awarding attorney fees.

Chacker v. JPMorgan Chase Bank, N.A. et al. - filed Sept. 19, 2018, Second District, Div. Five
Cite as 2018 S.O.S. 4613
Full text click here >

- General Plan Amendment -

Under Government Code Sec. 65301.5, a general plan amendment is reviewable under Code of Civil Procedure Sec. 1085 as a legislative act. If a city charter does not impose clear and explicit limitation regarding the size of the "geographic area" that may be the subject of an amendment, the courts cannot imply such limitation. A city charter's specification that only certain government agents can propose an amendment is not a limitation on whether a private party may request the government's consideration of a proposal.

Westsiders Opposed to Overdevelopment v. City of Los Angeles (Philena Properties) - filed Oct. 1, 2018, Second District, Div. Eight
Cite as 2018 S.O.S. 4876
Full text click here>

- Nonjudicial Foreclosure -

A husband and wife who used community funds to make payments on the principal for the mortgage for a home that had been acquired by the wife prior to their marriage had a community interest in the home. Civil Code Sec. 2924c limits a beneficiary's contractual power of sale by giving the trustor a right to cure a default and reinstate the loan within the stated time, even if the beneficiary does not voluntarily agree. A statutory duty under the nonjudicial foreclosure statutes is sufficient to support a negligence cause of action.

Turner v. Seterus, Inc. - filed Sept. 24, 2018, Third District
Cite as 2018 S.O.S. 4672
Full text click here >

- Res Judicata -

Res judicata bars a challenge to the government's approval of a project if all of the arguments are identical to those raised and argued in a prior action. When an alleged harm impacts the public rather than a specific entity, the privity analysis must focus on the "community of interest" rather than the relationship between the parties. A challenge to an ordinance, as applied to a specific project, does not involve a question of law.

Atwell v. City of Rohnert Park (Wal-Mart Stores) - filed Sept. 18, 2018, publication ordered Sept. 26, 2018, First District, Div. One
Cite as 2018 S.O.S. 4743
Full text click here >

 
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