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VOLUME 14 | NUMBER 9 | SEPTEMBER 2019
 
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IN THIS ISSUE
 
Introductory Remarks
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Coming Events
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CLE Anytime
>
Recent Cases
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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 return of our signature event – Crocker Commercial Real Estate Symposium – has garnered great energy and enthusiasm! We are anticipating an afternoon full of prominent California attorneys and industry insiders, discussing trends and developments in commercial real estate. If you have not registered, we encourage you to register today.

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

 
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Coming Events
 
September 26, 2019
Crocker Commercial Real Estate Symposium

The Crocker Symposium has a well-deserved reputation for bringing together the real estate industry’s stellar lawyers, business professionals, academics, and government officials to lead cutting-edge, sophisticated discussions, focusing on the most current developments and best practices in real estate. This year’s Crocker Symposium will feature three panels comprising prominent California attorneys and industry insiders who will discuss selected trends and developments in commercial real estate. Register today!  

> Click here for more information and/or to register


 
October 3, 2019
Reservation of Rights under Title Insurance Policies

Please join the title insurance subsection for an overview on an insurer's reservation of rights with a focus on its application in the title insurance industry. The seminar will include an examination of the various uses and abuses pertaining to an insurer's exercise of a reservation of rights. Ryan C. Squire and Jennifer R. Slater, partners at Garrett & Tully, will be leading the discussion.

> Click here for more information


 
October 16, 2019
Demystifying the Mortgage Finance Legal Checklist

Please join this exciting panel to learn how to prepare a useful legal checklist for managing an acquisition finance transaction!  The panel will walk through a sample checklist and explain what every attorney should be thinking about when creating and updating checklists and attending checklist calls.  The panel will highlight what you can learn about a transaction when working through the checklist items and what follow up questions you should be asking to effectively close a deal for your client.   Attendees will gain diverse perspectives from both associates and an experienced partner.

> 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
 
- CEQA -

A draft environmental impact report failed to comply with the California Environmental Quality Act’s requirement of an accurate, stable and finite project description where the draft EIR did not contain site plans, cross-sections, building elevations, or illustrative massing to show what buildings would be built, where they would be sited, what they would look like, and how many there would be; the ambiguous description prejudicially impaired the public’s ability to participate in the CEQA process.

Stopthemillenniumhollywood.com v. City of Los Angeles - filed July 31, 2019, publication ordered Aug. 22, 2019, Second District, Div. Three
Cite as 2019 S.O.S. 2146
Full text click here >

- Clean Water Act -

The phrase discharges composed entirely of return flows from irrigated agriculture, as used in the Clean Water Act, means discharges from activities related to crop production; a district court erred by interpreting entirely to mean majority; a defendant bears the burden of proving that its discharges were composed entirely of return flows from irrigated agriculture.

Pacific Coast Federation of Fishermen’s Associations v. Glaser - filed Sept. 6, 2019
Cite as 2019 S.O.S. 17-17130
Full text click here >

- Easements -

A property owner granted a utility company multiple floating easements outside the area defined by the metes-and-bounds footage descriptions in the recorded conveyances where the conveyances stated that the utility would have free access for the purposes of exercising the rights it was being granted, and the owner allowed the utility to drive over the property to access its electrical facilities for years; the floating easements became fixed easements once the utility and the property owner agreed upon the access routes.

Southern California Edison Company v. Severns - filed Sept. 10, 2019, Second District, Div. Six
Cite as 2019 S.O.S. 2502
Full text click here >

- Inverse Condemnation -

Public entities are not strictly or otherwise automatically liable for any conceivable damage bearing some kind of connection, however remote, to a public improvement.  If the public entity made reasonable assumptions about the public improvement in question, a plaintiff must show that the damage to private property was substantially caused by inherent risks associated with the design, construction, or maintenance of the public improvement to prevail on a claim for inverse condemnation.

City of Oroville v. Superior Court (California Join Powers Risk Management Authority) - filed Aug. 15, 2019
Cite as 2019 S.O.S. 4000
Full text click here >

- Landlord Tenant -

Language in a rent control ordinance prohibiting a landlord from attempting to recover possession of a rental unit unless he was acting in good faith, without ulterior reasons and with honest intent to obtain occupancy of the unit for a specified relative, was not unconstitutionally vague. Rent differential and out-of-pocket loss are both calculable forms of compensation, and the parties are free to argue that one or the other is more appropriate in a given case.

Delisi v. Lam - filed Sept. 7, 2019, First District, Div. Two
Cite as 2019 S.O.S. 2472
Full text click here >

- Mechanic’s Liens -

A mechanic’s lien claim that is filed prematurely is void and cannot be enforced; there is no authority suggesting that a claimant’s subjective knowledge or belief as to whether it has ceased to provide work is relevant. Work ceases for purposes of Civil Code §8414(a) when it has come to an end; a work of improvement can include both construction and repairs.

Precision Framing Systems Inc. v. Luzuriaga - filed Aug. 29, 2016, Fourth District, Div. Two
Cite as 2019 S.O.S. 2394
Full text click here >

- Trustee’s Sale -

A borrower who obtains a temporary restraining order enjoining a trustee’s sale of his home is a prevailing borrower within the meaning of Civil Code §2924.12(h) and therefore may recover attorney fees and costs.

Bustos v. Wells Fargo Bank - filed Aug. 28, 2019, Third District
Cite as 2019 S.O.S. 2341
Full text click here >

 
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