Miller Starr Regalia

1331 N. California Blvd. 5th FL
Walnut Creek, CA 94596, United States

Contact: Nadine Nassif

Tentative Map Approval Is CEQA “Project”, Holds Third District In Published Opinion Also Addressing Prejudicial Error, Agency Discretion To Adopt Thresholds Of Significance, Deferred Mitigation, And Other Significant CEQA Issues

In a lengthy published decision filed September 9, 2014, the Third District Court of Appeal affirmed in part and reversed in part the trial court’s judgment denying a writ petition challenging Colusa County’s adoption of a…more

CEQA, Environmental Policies, Mitigated Negative Declaration, Urban Planning & Development

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2014 Land Use Program - Northern California

In this presentation: - Legislative CEQA Reform Efforts - Selected CEQA Case Law Developments - Land Use Developments - What’s Happening in Tracy? - Overview and Purpose - Site Selection…more

Business Development, CEQA, CEQA Reform, Economic Development, Environmental Policies

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Considerations When Developing Outparcels in Retail Projects

Adding outparcels or pads to a retail project can add significant monetary value to the development. In many instances, end users may also prefer acquiring an outparcel in an established retail project over acquiring and…more

Contract Drafting, Land Developers, Leases, Outparcels, Retailers

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Legal Update: New Transfer Tax Disclosure Requirement

After January 1, 2015, documentary transfer tax will no longer be a private affair. It is common practice in commercial real estate purchase and sale transactions to provide the amount of documentary transfer tax on the…more

Commercial Real Estate Market, Real Estate Transfers, Realty Transfer Taxes, Transfer Taxes

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Mandatory Disclosures Concerning Accessibility Compliance and Energy Consumption in California Commercial Properties

This article discusses two new disclosures that must be included in certain real estate contracts and leases. The disclosures pertain to Accessibility Compliance and Energy Consumption, and affect the required contents of most…more

Accessibility Rules, ADA, CASp, Commercial Leases, Compliance

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The Foreclosure Crisis and Legal Change

With the “housing collapse” and the ensuing “foreclosure crisis” behind us, it is time to assess the myriad changes in the law of mortgage lending and foreclosure enacted in response to the crisis. The short space of this…more

Foreclosure, Mortgage Loan Originators, Mortgage Loan Servicing Standards, Mortgages

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Separate But Not Equal: The New Commercial and Industrial Common Interest Development Statute

Introduction - Since 1986, a single body of law, the Davis-Stirling Common Interest Development Act (“Davis-Sterling Act”), has governed both residential and commercial common interest developments. The provisions of…more

Davis-Sterling Act, Homeowners' Association, Housing Developers, Land Developers, Property Owners

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Mandatory Disclosures Concerning Accessibility Compliance and Energy Consumption in California Commercial Properties

This article discusses two new disclosures that must be included in certain real estate contracts and leases. The disclosures pertain to Accessibility Compliance and Energy Consumption, and affect the required contents of most…more

Accessibility Rules, ADA, CASp, Commercial Leases, Compliance

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OPR Mulls Changes in CEQA Traffic Metrics

As previously discussed in this blog, last year’s passage of SB 743 added a requirement in Public Resources Code § 21099(b) that the Governor’s Office of Planning and Research (OPR) develop new CEQA guidelines “for determining…more

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California High-Speed Rail - What You Need To Know

Project Overview - The California High-Speed Rail Authority (“HSR”) plans to build an 800-mile high-speed rail system stretching from San Francisco to Los Angeles/Anaheim and eventually to Sacramento and San Diego. The…more

Eminent Domain, High-Speed Rail, Public-Private Partnerships, Takings

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California High-Speed Rail - What You Need To Know

Project Overview - The California High-Speed Rail Authority (“HSR”) plans to build an 800-mile high-speed rail system stretching from San Francisco to Los Angeles/Anaheim and eventually to Sacramento and San Diego. The…more

Eminent Domain, High-Speed Rail, Public-Private Partnerships, Takings

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New Case Alert: Dissent Highlights Disturbing Potential for Increasing Escrow Holder Policing and Disclosure Obligations

A new decision in Ash v. North American Title Co. holds that (1) contract damages based upon a bankruptcy were not foreseeable, and (2) an escrow holder was entitled to a jury instruction as to intervening or superceding causes…more

Breach of Duty, Commercial Bankruptcy, Damages, Escrow Holders, Fiduciary Duty

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Construction Lenders Beware: Unbonded Stop-Payment Notices May Be Worth More Than The Paper They Are Written On

A common perception in the construction industry is that the most valuable part of an unbonded stop payment notice is the paper it is written on, at least when it is served on a construction lender. While an unbonded stop…more

Construction Contracts, Construction Loans, Contractors, Mechanics Lien, Subcontractors

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The High Price of Imprecision: An Examination of the Enforcement of Letters of Intent Under California Law

Letters of intent and other similar pre-contractual documents, such as term sheets or memorandums of understanding, are used extensively in California real estate transactions as a means for negotiating parties to demonstrate…more

Documentation, Enforcement, Good Faith, Intent, Letters of Intent

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"Good" Bad Faith vs "Bad" Bad Faith: Equitable Principles and the Doctrines of Adverse Possession and Prescription

Adverse possession is the acquisition of title to another’s real property by continuous possession and use of the property for the prescribed period of five years. A party seeking title to real property by adverse possession…more

Adverse Possession, Bad Faith, Good Faith, Prescriptive Easements, Property Owners

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Redeveloping Redevelopment: Recent Legislation

THE RISE AND (UNINTENDED) FALL OF REDEVELOPMENT IN CALIFORNIA. The rise and fall of redevelopment agencies in California has been extensively written about, including in this publication. The history of redevelopment…more

CRA, Funding, New Legislation, Public Entities, Public Schools

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Courts Are Without Power To Terminate Express Easements Based Upon Finding Them “Unnecessary”— Cottonwood Reins In Scruby

In November 2012, the Third District Court of Appeal decided that a trial court does not have the power to extinguish an expressly granted easement merely because in that judge’s opinion the dominant tenement does not really…more

Action to Quiet Title, Cottonwood Duplexes v Barlow, Easements, Land Titles, Scruby v Vintage Grape Vine

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Will Koontz Mean Big Changes or Business as Usual for Real Estate Development in California

On June 25, 2013, the U.S. Supreme Court release its decision in Koontz v. St. John's River Water Managment District. Koontz has been called the most significant takings case since Kelo v. City of New London and has been hailed…more

Dolan v City of Tigard, Koontz v St John's River Water Management, Nexus, Nollan v California Coastal Commission, Permits

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California Foreclosure Law: A Defaulting Borrower Cannot Enjoin A Foreclosure Sale By Asserting That The Lender Lacks Standing

Under California’s non-judicial foreclosure statutes, a defaulting borrower cannot enjoin a lender’s initiation of foreclosure proceedings by asserting that the lender lacks standing. (Keshtgar v. U.S. Bank, N.A. (2014) 192…more

Default, Foreclosure, Lenders, Mortgages, Standing

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Mandatory Disclosures Concerning Accessibility Compliance and Energy Consumption in California Commercial Properties

This article discusses two new disclosures that must be included in certain real estate contracts and leases. The disclosures pertain to Accessibility Compliance and Energy Consumption, and affect the required contents of most…more

Accessibility Rules, ADA, CASp, Commercial Leases, Compliance

See All Updates »

2014 Land Use Program - Northern California

In this presentation: - Legislative CEQA Reform Efforts - Selected CEQA Case Law Developments - Land Use Developments - What’s Happening in Tracy? - Overview and Purpose - Site Selection…more

Business Development, CEQA, CEQA Reform, Economic Development, Environmental Policies

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Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Business Organizations
  • Commercial Law & Contracts
  • Construction Law
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Insurance
  • Litigation
Locations
Other U.S. Locations
  • California
Number of Attorneys

50-100 Attorneys

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