Miller Starr Regalia

Some CEQA Reminders From The Third District: Urban Decay Requires Actual...

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

| Civil Procedure, Environmental Law, Zoning, Planning & Land Use, Real...

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

| Finance & Banking, Real Estate - Residential

CEQA’s Standards For Subsequent Review To Be Addressed By Supreme Court

In a rare grant of review of an unpublished case, the California Supreme Court granted review on January 15, 2014 of the decision in Friends of the College at San Mateo Gardens v. San Mateo County Community College District (1st…more

| Civil Procedure, Environmental Law, Zoning, Planning & Land Use

Supreme Court is Primary CEQA Reform Engine

Followers of CEQA reform efforts over the past several years will have observed two general trends: (1) Legislative reform has proven difficult, incremental, and marked by political division and dealmaking; and (2) the Supreme…more

| Civil Procedure, Environmental Law, Zoning, Planning & Land Use

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

| Environmental Law, Transportation, Zoning, Planning & Land Use

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

| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real...

CEQA-In-Reverse Case Opening Brief Filed In California Supreme Court

The California Building Industry Association (CBIA) laid out its case that CEQA contains no general directive requiring analysis of the existing environment’s impacts on a future project in a 50-page opening brief filed in the…more

| Civil Procedure, Environmental Law, Zoning, Planning & Land Use, Real...

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