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Arthur F. Coon

Some CEQA Reminders From The Third District: Urban Decay Requires Actual Mitigation When Identified By EIR As A Significant Project Impact – And Be Careful What You Find

In a lengthy opinion filed February 28, 2014, and ordered partially published on April 1, 2014, the Third District Court of Appeal reversed the Yolo County Superior Court’s judgment denying a CEQA writ petition challenging the…more

CEQA, Clean Energy, Energy, Environmental Impact Report, Mitigation

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Nadia Costa

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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Mike di Geronimo

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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Chad Gallagher

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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Karl Geier

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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Ella Gower

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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Xavier Gutierrez

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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Matthew Henderson

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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Katie Jones

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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Anthony Leones

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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Tara C. Narayanan

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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William "Fritz" D. Pahland

Revised law is new paint job for construction remedies

Originally published in the San Francisco Daily Journal - December 26, 2012. If the sudden 2008 credit crunch can be likened to an earthquake, then the following flood of mechanics lien and stop payment notice litigation…more

Construction Liens, Mechanics Lien, Notice Requirements

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Bradley Scheick

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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W. Scott Shepard

"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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Bill Shiber

California Court Rejects “Sham Guaranty” Defense; Enforces Guaranty

The “sham guaranty” defense may absolve a guarantor of liability when no deficiency is available against the borrower, and the guarantor is really the borrower with a different name. In California Bank and Trust v. Lawler (2013)…more

Deed of Trust, Deficiency Judgments, Fraud, Guarantors, Guaranty Claims

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Lewis Soffer

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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George "Bill" Speir

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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Kenneth Styles

NEW CASE ALERT (Easement Law): Refusing To Consent To Development Plans May Trigger Tort Liability For Interference With Easement

If an easement owner is required to obtain governmental approval in order to develop that owner’s property, and the neighboring property owner refuses to consent to the development (e.g. refusing to execute consent for a…more

Construction Permits, Easements, Interference Claims, Land Developers, Tortious Interference

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Karen Turk

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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Bryan Wenter

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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