Recent Legal Developments
Upcoming Educational Programs and Events
Following are California real property law tweets and links, provided courtesy of CEB. See California, U. S. Supreme Court, and 9th Circuit daily case tweets on Twitter.com at CEB_CA:
Casiopea Bovet, LLC v. Chiang (Fourth Dist., Div. One, 6/7/17) [Corporate Law, Real Property]
Plaintiff had no basis for its claim to escheated funds, held by the state, from a suspended corporation lacking corporate powers.
Williams & Fickett v. County of Fresno (Supreme Court, 6/5/17) [Administrative Law, Government Law, Real Property, Tax Law]
Nullity exception does not extend to taxpayer's challenge of assessment on nonexempt property on non-ownership grounds for administrative exhaustion purposes.
Weatherford v. City of San Rafael (Supreme Court, 6/5/17) [Civil Procedure, Government Law, Real Property, Tax Law]
Payment of assessed tax is sufficient to establish standing under CCP §526a; property tax payment is not required.
City of Galt v. Cohen (Third Dist., 6/2/17) [Administrative Law, Finance, Real Property]
Even though subject to validation judgment, cooperative agreement between city and former redevelopment agency (RDA) was unenforceable under freeze component of 2011 RDA dissolution law and tax allocation bond proceeds could not be used for agreement projects.
City of Morgan Hill v. Bushey (Sixth Dist., 5/30/17) [Elections, Government Law, Real Property]
Referendum petition challenging zoning ordinance was not invalid when legislative body remained free to select another consistent zoning option for parcel.
Poet, LLC v. State Air Resources Bd. (Fifth Dist., 5/30/17) [Administrative Law, Environmental Law, Government Law]
Air Resources Board incorrectly used 2014 NOx emissions in its analysis of project whose environmental review commenced before 2009 and thus failed to cure prior CEQA violation.
California Fair Plan Assn. v. Garnes (First Dist., Div. Two, 5/26/17) [Insurance Law, Real Property]
When there is a "partial loss" covered by an open fire insurance policy that pays "actual cash value," the insurer must indemnify the insured for the actual cost of repair, minus depreciation, regardless of the fair market value of the house.
Friends of Outlet Creek v. Mendocino County Air Quality Management Dist. (First Dist., Div. One, 5/25/17) [Civil Procedure, Environmental Law]
CEQA claims may be brought against an air quality management district based on established precedent.
Thompson v. Ioane (Sixth Dist., 5/25/17) [Civil Procedure, Real Property]
In a real property and vexatious litigant dispute with various litigants and procedural outcomes, judgment reversed, vacating two orders.
Association of Irritated Residents v. Department of Conservation (Fifth Dist., 5/25/17) [Civil Procedure, Environmental Law]
In CEQA action, trial court erred in sustaining demurrer on grounds of res judicata because other judgment not based on the merits, instead based on mootness.
Kutzke v. City of San Diego (Fourth Dist., Div. One, 5/23/17) [Environmental Law, Real Property]
Substantial evidence supported city council's finding the subdivision project's mitigated negative declaration was inadequate and reversal of planning commission's approval.
Hardwick v. Wilcox (First Dist., Div. Four, 5/22/17) [Contract Law, Real Property]
In an action for usurious loans, plaintiff did not waive his usury claim by signing loan forbearance agreement.
Kinney v. Clark (Second Dist., Div. One, 5/17/17) [Attorneys, Real Property]
Represented vexatious litigant's frivolous appeal of award of attorney fees and costs dismissed; prefiling order expanded to require leave to file new litigation against prevailing party even when represented by counsel.
Central Valley Gas Storage LLC v. Southam (Third Dist., 5/11/17) [Government Law, Public Utilities, Real Property]
Because developed market for natural gas storage leases exists, court in condemnation action properly excluded owner's proffered volume-based valuation approach, which included speculative underground volume.
Town of Chester v. Laroe Estates, Inc. (Decided June 5, 2017) [Constitutional Law, Real Property]
Investor-intervener meets standing burden if it seeks different relief than land developer (both of whom are asserting regulatory takings claims against town); burden met if it seeks only money judgment of its own.
In re Sunnyslope Housing Ltd. Partnership (District of Arizona, 5/26/17) [Bankruptcy, Finance, Real Property]
Replacement-value standard was properly applied in Chapter 11 cram-down, even though foreclosure value exceeded it because foreclosure would vitiate covenants requiring the secured property to be used for low-income housing.
Ho v. ReconTrust Co. (Central District of California, 5/22/17) [Banking Law, Business Law, Consumer Law, Real Property]
Actions to facilitate non-judicial foreclosure are not attempts to collect "debt" under Fair Debt Collection Practices Act.
Courtesy of CEB, we are bringing you selected legal developments in areas of California real property law that are covered by CEB’s publications. This month’s feature is from the June 2017 update to CA Title Insurance Practice (Cal CEB). References are to the book’s section numbers. See CEB’s RPLS landing page for special discounts for section members.
Policies and Endorsements:
Mixed-Use Developments (On Demand • 1.5 hours MCLE)
Join David Preiss and Paula C. Kirlin for advice on representing parties in mixed-use transactions and guidance on navigating the regulatory, financial, and environmental challenges involved in mixed-use developments. Learn how to structure documents for horizontal and vertical subdivisions and condominiums, draft governance and common area maintenance provisions, and effectively deal with zoning and other land use issues. For more information or to enroll, please see the following link: Mixed-Use
Zoning and Land Use Regulation of Marijuana Businesses (On Demand • 1.0 hour MCLE)
Melissa Sánchez provides an overview of recent legal developments and a look at the treatment of recreational marijuana businesses, established under the Adult Use of Marijuana Act (AUMA), and medical marijuana entities established under the Medical Cannabis Regulation and Safety Act (MCRSA). For more information or to enroll, please see the following link: Marijuana Businesses
Real Property Tax Assessments and Reassessments (Livecast • 1.5 hours MCLE and Tax Specialization credit)
Thursday, July 27 • 12:00 pm to 1:30 pm
How are real property taxes assessed and reassessed? How does property tax differ from transfer taxes? What constitutes a transfer of property that would trigger reassessment? How is current litigation shaping who gets taxed when and why? Join us as we discuss these issues and more as we de-mystify these aspects of California real property taxation. For more information or to enroll, please see the following link: Tax Assessments
Event: Southern California Real Estate Symposium (RES)
Date: Friday, October 27, 2017
Time: 1 pm to 5:30 pm. Registration begins at 12:30. A hosted networking reception takes place from 5:30 pm to 7 pm.
Location: The Irvine Marriott.
Highlights: Earn MCLE credit and learn from Wayne Bell, the California Commissioner of the Bureau of Real Estate, an Orange County Superior Court Judge, and leading attorneys, economists, and other residential real estate professionals on the trends and opportunities in the Southern California residential real estate market and how to navigate the unique challenges facing real estate practitioners in the current market rebound from the Great Recession.
1. Dormant Subdivisions: The Forgotten Housing Supply
2. Housing and the Economy: State, Regional, and Local Perspectives
3. Common Contract Claims: Strategies for Preventing and Resolving Them
4. Keynote: Insights from the Commissioner of the California Bureau of Real Estate
Sponsor: Real Property Law Section
The California State Bar Real Property Law Section (“RPLS”) and the RPLS Journal Committee are proud to announce the Third Annual RPLS Journal Law Student Writing Competition open to all California law students. The California Real Property Journal (“Journal”) is the official publication of the RPLS. The Journal is distributed free to over 6,000 members of the RPLS, has been described as “the flagship of State Bar publications,” and is an invaluable resource for the real property practitioner.
The RPLS Journal Law Student Writing Competition is meant to encourage California law students to explore California’s wide array of real property practice areas, and showcase the scholarship of law students interested in real property law. See more details here.
We are delighted to publish legal cartoons from one of our own -- Scott Miller. Scott is Of Counsel to Dudnick Detwiler Rivin & Stikker LLP in San Francisco. His practice focuses on commercial real estate and environmental law. Check out http://www.blurb.com/bookstore/detail/2646318 to order Scott’s book on real estate cartoons, entitled A New Lease on Life. If you have any suggested topics for Scott, please feel free to contact him at firstname.lastname@example.org, and who knows? You might get your idea immortalized in the next E-Bulletin!
© 2017 Scott H. Miller
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The statements and opinions herein are those of the contributors and not necessarily those of the State Bar of California, the Real Property Law Section, or any government body. This publication is designed to provide information in regard to the subject matter covered and is made available with the understanding that the publisher is not engaged in rendering legal or professional services. If legal advice or expert assistance is required, the services of a competent professional should be sought.