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Condominiums: Determining Project Acceptance
This publication provides lenders and others involved in the Fannie Mae condominium project acceptance process
with the information they need to determine condo project eligibility, identify and underwrite condos that qualify for
lender-delegated project acceptance, identify and underwrite condos that require Fannie Mae project acceptance, and
request project acceptance from Fannie Mae.
Download Interactive Publication Order Form (.pdf, 845K, 1 page)
2005 edition: 58 pages; CT164
$15 Fannie Mae seller/servicers/$25 all others
Housing Cooperatives: Determining Project Acceptance
This publication provides lenders and others involved in the Fannie Mae housing cooperative (co-op) project
acceptance process with the information they need to determine co-op project eligibility, identify and underwrite co-
ops that qualify for lender-delegated project acceptance, identify and underwrite co-ops that require Fannie Mae
project acceptance, and request project acceptance from Fannie Mae.
Download Interactive Publication Order Form (.pdf, 845K, 1 page)
2005 edition: 71 pages; CT165
$15 Fannie Mae seller/servicers/$25 all others
Planned Unit Developments: Determining Project Acceptance
This publication provides lenders involved in the Fannie Mae planned unit development (PUD) project acceptance
process with the information they need to identify and underwrite PUDs that qualify for lender-delegated project
acceptance, identify and underwrite PUDs that require Fannie Mae project acceptance, and request project
acceptance from Fannie Mae.
Download Interactive Publication Order Form (.pdf, 845K, 1 page)
2005 edition: 41 pages; CT166
$15 Fannie Mae seller/servicers/$25 all others
American Mortgage Specialists, Inc. Mortgage Bank Disapproved Appraiser List
American Mortgage Specialists, Inc. has determined, for various reasons of it's own, that it will not currently accept
appraisals from the following appraisers. Please draw no conclusions from an individual's name being present or
absent from this, real estate appraiser, list.
New Energy Efficiency Tax Incentive Bill Introduced in Congress
BOMA International supports extension bill giving building owners and managers more incentives
(WASHINGTON, DC—March 9, 2007) The Building Owners and Managers Association (BOMA) International
applauded the introduction of a new bill in the House and Senate yesterday (S. 822, House number not available yet)
which, if passed, would extend and expand the energy efficient tax incentives for building owners and managers
provided in the 2005 Energy Act.
The EXTEND the Energy Efficiency Tax Incentives Act (“EXTEND”) was introduced on March 8, 2007 in both the House
and the Senate. This legislation extends the Act until the end of 2012 and increases the deduction to $2.25/sf, or $0.75
/sf for partial credit for each of the three subsystems of the building (lighting; HVAC and hot water; and building
envelope). The current law allows building owners and managers to receive an accelerated deduction of up to $1.80
/sf for energy efficient upgrades that exceed ASHRAE 90.1 (2001) by 50 percent. Partial credit of up to $0.60/sf is
available for energy efficiency upgrades to each of the three main subsystems of the building that exceed ASHRAE
90.1 by 16 2/3 percent (1/3 of 50%). The incentives apply to energy efficient upgrades placed in service between 1/1/06
and 12/31/08.
File : IRS_Tax Appraisal-Issues022206article.pdf
Description : IRS Tax Appraisal Issues
CONSTRUCTION, ENVIRONMENTAL LAW, GOVERNMENT LAW, PROPERTY LAW & REAL ESTATE, WATER LAW
Vineyard Area Citizens for Responsible Growth, Inc. v. City of Rancho Cordova, No. S132972 (Cal. February 01, 2007)
A ruling against plaintiffs in their challenge to a county's approval of a community plan for a large, mixed-use
development project, and a specific plan for a portion of the development, is reversed pursuant to their claims arising
under the California Environmental Quality Act (CEQA) that: 1) an environmental impact report (EIR) prepared for the
plans failed to adequately identify and evaluate future water sources for the development; and 2) potential impacts on
migratory salmon in a certain river, disclosed in the Final EIR, should instead have been incorporated in a revised
Draft EIR and recirculated for public comment.
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com/data2/californiastatecases/s132972.doc
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com/data2/californiastatecases/s132972.pdf
CALIFORNIA ENACTS FIRST US BAN ON DRY-CLEANING CHEMICAL
Associated Press
California regulators have enacted the United States' first statewide ban on the most common chemical used by dry
cleaners, pleasing environmentalists but worrying some small businesses.
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ADMINISTRATIVE LAW, GOVERNMENT LAW, MANUFACTURING, PROPERTY LAW & REAL ESTATE
Neilson v. City of Cal. City, No F049143 (Cal. 5th App. Dist. January 09, 2007)
Judgments finding amendments to defendants' redevelopment plan, resulting in the building of an automobile test
track facility on desert land, to be valid, are reversed as defendants interpreted California's Community
Redevelopment Law erroneously when it found that the lack of legal and physical access to a right-of-way meant the
subject lots were of irregular form and shape and, thus, approval of the redevelopment plan is invalid.
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BANKING LAW, PROPERTY LAW & REAL ESTATE
Wachovia Bank v. Lifetime Indus., Inc., No E037560 (Cal. 4th App. Dist. December 15, 2006)
Evidence that an optionee has obtained title to property that is the subject of the option is not sufficient to extinguish an
intervening lien when there is no evidence that the optionee's title was obtained pursuant to the option.
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CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE, EVIDENCE, SENTENCING
People v. Brandon, No B186361 (Cal. 2d App. Dist. December 15, 2006)
Convictions on several sex-related crimes including pimping, pandering, forcible rape, false imprisonment, and
aggravated sexual assault of a child, among others, with finding of personal use of a deadly weapon, are affirmed
over claims that: 1) a victim was improperly permitted to testify with her face partially covered; 2) opinion testimony
concerning pimping strategies was erroneously admitted; 3) defendant was denied effective assistance of counsel; 4)
there was insufficient evidence to support false imprisonment conviction; and 4) various sentences must be stayed.
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ATTORNEY'S FEES, CIVIL PROCEDURE, CONSTRUCTION, PROPERTY LAW & REAL ESTATE
Wakefield v. Bohlin, No H028310 (Cal. 6th App. Dist. December 15, 2006)
In an action arising out of the purchase of a home, post-judgment award of attorney fees and costs to defendants,
based on the court's determination that they were prevailing parties, is reversed as: 1) plaintiff categorically qualifies
as a prevailing party entitled to recover his litigation costs; 2) one defendant is not a prevailing party unentitled to
recover costs; and 3) since the defendants have a unity of interest in this litigation, the other defendant is not
categorically a prevailing party, and any cost award in her favor is discretionary and subject to apportionment.
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CIVIL PROCEDURE, CONSTRUCTION, CONTRACTS, INJURY AND TORT LAW, PROPERTY LAW & REAL ESTATE
Kelly v. Haag, No D047231 (Cal. 4th App. Dist. December 15, 2006)
In negligence and fraud case involving the demolition and construction of a condominium, judgment in favor of plaintiff
with awards of compensatory and punitive damages, is reversed to the extent substantial evidence does not support
the trial court's assessment of punitive damages against defendant.
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Neilson v. City of Cal. City, No. F049143 (Cal. 5th App. Dist. January 09, 2007)
Judgments finding amendments to defendants' redevelopment plan, resulting in the building of an automobile test
track facility on desert land, to be valid, are reversed as defendants interpreted California's Community
Redevelopment Law erroneously when it found that the lack of legal and physical access to a right-of-way meant the
subject lots were of irregular form and shape and, thus, approval of the redevelopment plan is invalid.
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2007/f049143.html
[To view the full-text of cases you must sign in to FindLaw.com.]
The Guadalupe-Blanco River Authority ("the Authority") questions whether Marvin Kraft, Sr., demonstrated that his
expert witness's real estate appraisal opinion was reliable under Gammill v. Jack Williams Chevrolet, Inc. See
Footnote 1 Kraft responds that his expert used the judicially approved comparable sales methodology to arrive at his
opinion. But the expert based his opinion on local sales that were not comparable to the condemned land. Therefore
his opinion was not reliable, and the trial court abused its discretion by admitting his testimony. Because the court of
appeals held otherwise, See Footnote 2 we reverse that court's judgment and remand this case to the trial court.
Big Creek Lumber Co. v. County of Santa Cruz, No S123659 (Cal. June 29, 2006)
County zoning ordinances relating to the permissible locations for timber operations are not preempted by state
forestry statutes.
Save Our Neighborhood v. Lishman, No C049525 (Cal. 3d App. Dist. June 28, 2006)
In a dispute involving a city's approval of a project for the construction of a hotel, gas station, and convenience store
complex, a judgment denying plaintiffs' petition for writ of mandate is reversed where a city's reliance on an addendum
to a mitigated negative declaration for the project violated the California Environmental Quality Act (CEQA).
Carson Redevelopment Agency v. Padilla, No B184629 (Cal. 2d App. Dist. June 28, 2006)
In the context of Government Code section 1090, disgorgement of benefits received under a void contract is automatic.
Summary judgment for plaintiff-agency is affirmed on its complaint to recover amounts paid to defendants through a
public contract that was approved and signed only after they paid extortion money to a city's former mayor pro tempore.
Schneider v. California Coastal Comm'n, No B186149 (Cal. 2d App. Dist. June 28, 2006)
The Legislature has not recognized an ocean boater's "right to a view" of the coastline as a factor in regulating
development.
Peak Invs. v. S. Peak Homeowners Ass'n, Inc., No G035851 (Cal. 4th App. Dist. June 28, 2006)
The Davis-Stirling Common Interest Development Act requires that a proposed amendment to a homeowners
association's declaration of covenants, conditions, and restrictions (CC&Rs) be approved by at least a simple majority
of the total votes in the homeowners association before a trial court can reduce the voting percentage requirement set
by the CC&Rs.
City of Santa Monica v. Gonzalez, No B182104, B184549 (Cal. 2d App. Dist. June 27, 2006)
Orders appointing a receiver, denying petitioner's motion for reconsideration, and granting the receiver's application to
take specified actions are affirmed in an action brought by the city against a property owner for numerous code
violations. Further, the owner's petition for a writ of mandate/prohibition is denied, and a stay of the proceedings in the
trial court is vacated.
Courts
Appraisers blamed in bank losses
By Rebecca S. Green
The Journal Gazette
Hicksville Bank filed another lawsuit against area appraisers, this
time alleging appraisal errors on 48 properties that have cost the bank more
than $1 million. According to the lawsuit, a number of area appraisers and appraisal
companies - Glenn Howard, Howard Group Appraisals, Sterling Realtors &
Appraisers LLC, Patrick A. Early, Early Appraisal Services Inc. and
Aaron Rollins - appraised a total of 48 properties since July 2002 with a
collective value of $2,071,000.
Commercial Real Estate Convention & Trade Show
This is the link to information on the June 2006 Commercial Source
On-line Convention & Trade Show. Expert Industry Speakers, Networking with
Commercial Real Estate professionals, Virtual Trade Show Floor and
Exhibitor Prize Drawings! And to top it off it's all virtual and
completely paid for by the Sponsors- Check it out! Sign up for your
complimentary pass today.
Please refer any questions regarding attendance, sponsorship or
exhibiting to:
info@commercialsource.com
Kindest regards,
Convention Staff
Commercial Source On-Line Convention & Trade Show
California Appellate Districts
ADMINISTRATIVE , GOVERNMENT , PROPERTY & REAL ESTATE, TAX
People ex rel. Strumpfer v. Westoaks Inv., No B178628 (Cal. 2d App. Dist. May 23, 2006)
Revenue and Taxation Code section 4985.2(c) was only intended by the Legislature to authorize tax collectors and
auditors to obey court orders directing them to cancel tax delinquency penalties, costs and other charges, and
therefore such orders for cancellation must be based on some statutory authority other than section 4985.2(c).
Subdivision (c) is not a grant of independent judicial authority to relieve taxpayers of liability for tax delinquency
penalties.
Insurance Appraiser, Insurance Appraisal, commercial appraiser, commercial appraisal Los Angeles, Expert Witness Real Estate, LA, L.
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Los Angeles Commercial Appraiser, LA Commercial Appraiser,
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Appraiser Los Angeles, Estate Appraiser, Probate Appraiser, Trust Appraiser, Tax Appraiser, MAI Appraiser, LA, L.A., real estate los
angeles, land appraiser los angeles, commercial real estate inspectors, real estate brokers, los angeles, real estate appraiser, Appraiser
Los Angeles, llp appraisal, mark to marker appraisal, Commercial Land Appraiser, Special Purpose Property Appraiser, Office Property
Appraiser, Commercial appraisal, Restaurant Appraiser, Apartment Appraiser Los Angeles, Commercial Real Estate Appraiser los
angeles, VANDEMA, Southern California Commercial Real Estate Appraiser, Residential Appraiser, Apartment Appraiser, Commercial
Appraisal,California Appraiser,PMI Removal Appraiser, Free Appraisal, Certified General Appraiser, Tax Appraiser, Multi Family
Appraiser, Bank Appraiser, appraisal institute, expert witness,
ADMINISTRATIVE , PROPERTY & REAL ESTATE, TAX
Silveira v. County of Alameda, No A108702 (Cal. 1st App. Dist. May 23, 2006)
Summary judgment in favor of defendant is affirmed where assessor's recommended values were the fair market
values of the possessory interests for the tax years at issue, over claims that plaintiff is entitled to refunds as he could
not lawfully be taxed based on a term of possession longer than one month.
The “Anderson Initiative” is one of four ballot measures seeking to restrict the use of eminent domain by public
agencies that have been cleared for circulation by the Secretary of State. Proponents of the Anderson Initiative are now
in the process of gathering signatures. Under the Secretary of State’s guidelines for qualifying ballot measures,
proponents have until early May to turn in the requisite number of valid signatures (598,105) to qualify for the
November 2006 ballot or until mid-July to qualify for the June 2008 ballot.
COMMUNICATIONS , CONSTRUCTION, GOVERNMENT , PROPERTY & REAL ESTATE
Sprint PCS Assets, L.L.C. v. City of La Canada Flintridge, No. 05-55014 (9th Cir. May 23, 2006)
Summary judgment in favor of defendant-municipality upholding certain permit denials involving wireless
telecommunications facilities based on aesthetic impact is reversed where defendant overstepped its regulatory
authority under state law, its wireless ordinance was not viable, and no evidence supported the permit denials.
(Amended opinion.)
BANKING , CIVIL PROCEDURE, CONSTITUTIONAL , DEBT COLLECTION, GOVERNMENT , PROPERTY & REAL
ESTATE
Quicken Loans, Inc. v. Wood, No. 04-16244, 04-16312 (9th Cir. May 22, 2006)
The Alternative Mortgage Transaction Parity Act (Parity Act), 12 U.S.C. sections 3801-06, does not preempt California's
pre-amendment per diem loan interest statutes as applied to alternative mortgage transactions.
ADMINISTRATIVE , CONSTRUCTION, PROPERTY & REAL ESTATE
Mahon v. County of San Mateo, No A110171 (Cal. 1st App. Dist. May 18, 2006)
Summary judgment in favor of defendant county, in action seeking declaration that development permit applications
were deemed approved under the Permit Streamlining Act, is affirmed over claim that the trial court erred in finding
that the notice given by defendant was not the "public notice required by law" necessary for deemed approval under
the statute.
CIVIL PROCEDURE, PROPERTY & REAL ESTATE
Slintak v. Buckeye Retirement Co., No. B182875 (Cal. 2d App. Dist. May 16, 2006)
Summary judgment in favor of cross-complainant for quiet title and cancellation of a deed of trust, based on running of
statute of limitations under Marketable Record Title Act, is reversed where the filing of lis pendens in separate but
related litigation prevented the running of the statute.
ADMINISTRATIVE , CIVIL PROCEDURE, CONSTITUTIONAL , GOVERNMENT , LANDLORD TENANT , PROPERTY &
REAL ESTATE
Los Altos El Granada Investors. v. City of Capitola , No H027860 (Cal. 6th App. Dist. May 17, 2006)
Sustaining of demurrer without leave to amend and denial of writ petition, in case involving mobile home rent control
ordinance, defendant city's rejection of plaintiff's application to increase rent at mobile home park, and claims for
inverse condemnation and unconstitutional taking of property, is reversed where the trial court erred in applying a due
process test in determining the takings claim, and in precluding plaintiff from amending its as-applied takings, equal
protection, and due process claims when they were ripe.
CIVIL PROCEDURE, CIVIL RIGHTS, EVIDENCE, GOVERNMENT , PROPERTY & REAL ESTATE
Manta Mgmt. v. City of San Bernardino, No. E036942 (Cal. 4th App. Dist. May 11, 2006)
Judgment for plaintiff for damages incurred as a result of a preliminary injunction obtained to enforce a zoning
ordinance prohibiting operation of an adult cabaret is affirmed over claims that: 1) damages are available for a
wrongfully issued preliminary injunction only if a bond has been posted or if the party wrongfully enjoined prevails in a
separate action for malicious prosecution; 2) award of damages is not supported by substantial evidence because
there was no factual basis for separating legal profits from profits derived from prostitution; and 3) because a large
portion of plaintiff's profits are from activities in violation of a city ordinance, the court erred in excluding any evidence
concerning the ordinance.
New York Court of Appeals
Bates Advertising USA, Inc. v. 498 Seventh, LLC (05/11/06 - No. 62)
Judgment that defendant landlord breached lease with plaintiff by failing to timely provide the required Class E fire
alarm and communications and award of rent abatement credits to plaintiff is affirmed over claims that: 1) lease was
not breached; and 2) rent abatement clause is illegitimate and unenforceable.
CIVIL PROCEDURE, PROPERTY & REAL ESTATE
Conservatorship of Hume, No G035599 (Cal. 4th App. Dist. May 10, 2006)
Order approving final accounting by the county public guardian as conservator for appellant's now-deceased father is
reversed where the accounting failed to include the father's interests in certain real property in Tennessee.
CIVIL PROCEDURE, DEBT COLLECTION, PROBATE, TRUSTS & ESTATES
Estate of Myers, No. G035355 (Cal. 4th App. Dist. May 10, 2006)
Summary judgment disposing of creditor's petition to recover profits from sale of real property is reversed where
probate court erred in finding: 1) creditor lacked standing to pursue an order under Probate Code section 850; 2)
creditor failed to exhaust his right to require the executrix of the estate to pursue the claim under Probate Code section
9653; and 3) his claim was barred by the applicable statutes of limitations.
CONSTRUCTION, ENVIRONMENTAL , GOVERNMENT , PROPERTY & REAL ESTATE
Banker's Hill, Hillcrest, Park West Cmty. Pres. Group v. City of San Diego , No D046360A (Cal. 4th App. Dist. May 09,
2006)
Defendant city properly determined that the proposed development of a 14-story residential building is exempt from
CEQA under a categorical exemption for urban in-fill development projects set forth in the Guidelines for
Implementation of CEQA.
ADMINISTRATIVE , CIVIL PROCEDURE, CONSTITUTIONAL , ENVIRONMENTAL , GOVERNMENT , PROPERTY &
REAL ESTATE
Benson v. Cal. Coastal Comm'n, No B186125 (Cal. 2d App. Dist. May 09, 2006)
Plaintiff was not denied due process where written notice of hearing to be held by defendant was adequate and
plaintiff could not reasonably rely on defendant's staff's recommendations and comments about whether to appear at
the hearing.
PROPERTY & REAL ESTATE
Preciado v. Wilde, No B182257 (Cal. 2d App. Dist. May 09, 2006)
Judgment in favor of defendant on quiet title action is affirmed where plaintiff did not establish title by adverse
possession.
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, DC 20410-8000
ASSISTANT SECRETARY FOR HOUSING-FEDERAL HOUSING COMMISSIONER May 4, 2006
MORTGAGEE LETTER 2006- 9 TO: ALL APPROVED MORTGAGEES, & ALL APPROVED APPRAISERS
SUBJECT: Revisions to Appendices A and C to Handbook 4150.2 Change 1, Valuation Analysis for Home Mortgage
Insurance for Single Family One- to Four- Unit Dwellings
Cordry v. Vanderbilt Mortgage & Fin., Inc. (04/28/06 - No. 05-2778)
In a dispute between an operator of mobile home retail sales lots and a financing company, summary judgment for
defendant-financing company on all of plaintiff's claims and its counterclaim is affirmed over claims of error relating to:
1) breach of an addendum; 2) fraudulent or negligent misrepresentation; 3) breach of the implied covenant of good
faith and fair dealing; and 4) the counterclaim for breach of contract.
California Appellate Districts
Pacific Shore Funding v. Lozo (04/27/06 - No. B178694)
Summary judgment in favor of plaintiff mortgage lender is reversed as defendant borrowers are not precluded from
rescinding a consumer credit transaction that is secured by their residence and subject to the Truth In Lending Act
merely because they have already refinanced that loan.
RISMEDIA, May 2, 2006—(KRT)—The Pennsylvania attorney general's office has moved to shut down a statewide
operation that it says preys on the elderly by tricking them into buying estate planning products they don't need,
including living trusts and deferred annuities.
COMMERCIAL , CONTRACTS, OIL & GAS , PROPERTY & REAL ESTATE
BP W. Coast Prods. LLC v. May, No. 05-15076 (9th Cir. May 01, 2006) Summary judgment for plaintiff finding that it did
not violate the Petroleum Marketing Practices Act when it sold its interests in gas facilities operated defendants' and
non-renewed its franchise relationships with them is affirmed where plaintiff acted in good faith and in the normal
course of business when it determined to sell the facilities.
BANKING , CONSUMER PROTECTION , CONTRACTS, PROPERTY & REAL ESTATE
Pacific Shore Funding v. Lozo, No. B178694 (Cal. 2d App. Dist. April 27, 2006)
Summary judgment in favor of plaintiff mortgage lender is reversed as defendant borrowers are not precluded from
rescinding a consumer credit transaction that is secured by their residence and subject to the Truth In Lending Act
merely because they have already refinanced that loan.
BANKING , CONSUMER PROTECTION , CONTRACTS, PROPERTY & REAL ESTATE
Pacific Shore Funding v. Lozo, No B178694 (Cal. 2d App. Dist. April 27, 2006)
Summary judgment in favor of plaintiff mortgage lender is reversed as defendant borrowers are not precluded from
rescinding a consumer credit transaction that is secured by their residence and subject to the Truth In Lending Act
merely because they have already refinanced that loan.
HUD's Economic and Market Analysis Division recently released new Comprehensive Market Analysis Reports on
nine housing market areas: Akron, OH; Albany, NY; Appleton-Oshkosh, WI; Buffalo-Niagara Falls, NY;
Hamilton-Middletown, OH; Harrisburg-Lebanon, PA; Las Vegas, NV; San Diego, CA; and Vallejo-Fairfield, CA.
CIVIL PROCEDURE, ETHICS & PROFESSIONAL RESPONSIBILITY, PROPERTY LAW & REAL ESTATE
Stevenson Real Estate Servs., Inc. v. CB Richard Elllis Real Estate Servs., Inc., No B179798 (Cal. 2d App. Dist. April
26, 2006) Judgment on the pleadings in favor of defendant is affirmed to the extent the first amended complaint failed
to state a claim, however, plaintiff should be granted leave to amend to attempt to plead a claim based on defendants'
alleged violation of the rules of an association of realtors.
Insurance Appraiser, Insurance Appraisal, Appraiser Los Angeles, Los Angeles Appraiser, commercial appraiser,
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commercial real estate appraisal, MAI Appraiser, LA, L.A., real estate appraiser, commercial real estate inspectors,
real estate brokers, los angeles real estate appraiser, Commercial Appraiser, Special Purpose Property Appraiser,
Office Property Appraiser, Commercial appraisal, Commercial Real Estate Appraiser los angeles, VANDEMA,
Southern California Commercial Real Estate Appraiser, Residential Appraiser, Apartment Appraiser, Commercial
Appraisal,California Appraiser,PMI Removal Appraiser, Free Appraisal, Certified General Appraiser, Tax Appraiser,
Multi Family Appraiser, Bank Appraiser
U.S. 6th Circuit Court of Appeals
Albert M. Higley Co. v. N/S Corp. (04/17/06 - No. 05-3393)
Denial of defendant's motion to stay litigation and compel arbitration is affirmed in a contract dispute between a
primary contractor and a subcontractor where an arbitration clause in the parties' contract allowed plaintiff to retain
discretion over when to decide a dispute through arbitration.
http://caselaw.lp.findlaw.com/data2/circs/6th/053393p.pdf
Barrett v. JP Chase Morgan Bank, N.A. (04/18/06 - No. 05-5035, 05-5146)
Summary judgment for defendant-lender on rescission claims under the Truth in Lending Act involving alleged
failures of disclosure regarding plaintiffs' loan refinancing is reversed where the district court erred in finding that
plaintiffs' act of refinancing extinguished their unexpired right to rescind the loan transaction and recover related fees.
http://caselaw.lp.findlaw.com/data2/circs/6th/055035p.pdf
LEGISLATIVE COUNSEL'S DIGEST
AB 2416, as introduced, Torrico Consumer loans: appraisal fees.
Existing law, the California Finance Lenders Law, provides for the licensure and regulation by the Commissioner of
Corporations of those engaged in making consumer loans and makes a willful violation of the law a crime. Under
existing law, an appraisal fee may be charged by a licensee on any loan made that is secured by real property if
specified requirements are satisfied. Existing law provides that only one fee for appraising the same real property may
be collected unless the borrower has obtained a new or additional loan and more than one year has elapsed since
the prior appraisal.
California Appellate Districts
Kelton v. Stravinski (04/20/06 - No. F047031) Judgment for cross-defendant in action involving covenant not to
compete is affirmed as such covenant violates Business and Professions Code section 16600 and is unenforceable
as a matter of law.
16600. Except as provided in this chapter, every contract by which anyone is restrained from engaging in a lawful
profession, trade, or business of any kind is to that extent void.
U.S. 6th Circuit Court of Appeals
Albert M. Higley Co. v. N/S Corp. (04/17/06 - No. 05-3393) Denial of defendant's motion to stay litigation and compel
arbitration is affirmed in a contract dispute between a primary contractor and a subcontractor where an arbitration
clause in the parties' contract allowed plaintiff to retain discretion over when to decide a dispute through arbitration.
Barrett v. JP Chase Morgan Bank, N.A. (04/18/06 - No. 05-5035, 05-5146) Summary judgment for defendant-lender on
rescission claims under the Truth in Lending Act involving alleged failures of disclosure regarding plaintiffs' loan
refinancing is reversed where the district court erred in finding that plaintiffs' act of refinancing extinguished their
unexpired right to rescind the loan transaction and recover related fees.
AN IMPORTANT E-NEWS ANNOUNCEMENT FROM CalHFA:
The California Housing Finance Agency has announced updated income limits in high housing cost areas effective
April 20, 2006. For detailed information see Program Bulletin #2006-08 at CalHFA’s web site.
California Appellate Districts
CIVIL PROCEDURE, CONSTRUCTION, GOVERNMENT , PROPERTY & REAL ESTATE
Branciforte Heights v. City of Santa Cruz, No H028864 (Cal. 6th App. Dist. April 19, 2006)
Writ compelling defendant city to allow a private open space credit against the park fees exacted from plaintiff
developer is reversed in the absence of a local ordinance providing for such a credit. Moreover, Government Code
section 66477 does not create the direct right to receive a private open space credit that is enforceable by a traditional
writ of mandate.
Palmieri v. Allstate Ins. Co. (04/13/06 - No. 05-1920)
In contract dispute over flood insurance policy, 42 U.S.C. section 4072 provides jurisdiction. Prejudgment interest may
not be awarded against private insurers acting as fiscal agents of the federal government under the National Flood
Insurance Act.
Travelers Prop. Cas. Co. of Am. v. Liberty Mutual Ins. Co. (04/12/06 - No. 05-1226)
Grant of summary judgment in favor of defendant in contribution action between insurers is reversed, and district
court's argument, that the contract between the property manager and the property owner somehow abrogated
defendant insurer's independent contractual obligation to provide coverage to the property manager, is rejected.
Terra Venture, Inc. v. JDN Real Estate (04/10/06 - No. 04-3492)
Summary judgment for defendants on all claims arising from a contract to develop certain property is affirmed over
claims of error regarding findings that: 1) defendants had no duty to develop the property; 2) they had no duty to
develop the project within a specific time under the implied covenant of good faith and fair dealing; and 3) there was
no fiduciary relationship between the parties.
CIVIL PROCEDURE, INSURANCE , PROPERTY & REAL ESTATE
Mid-Century Ins. Co. v. Superior Ct. (Bandek), No B186140 (Cal. 2d App. Dist. April 14, 2006)
Order denying motion for judgment on the pleadings is upheld and plaintiff's case may proceed where a demurrer
was sustained without leave to amend solely by virtue of the statute of limitations, and the time for direct attack on the
judgment has passed, but the case is not litigated to finality under Code of Civil Procedure section 340.9(d)(1).
CIVIL PROCEDURE, INSURANCE , PROPERTY & REAL ESTATE
Ashou v. Liberty Mutual Fire Ins. Co., No B179641 (Cal. 2d App. Dist. April 14, 2006)
Judgment of dismissal in favor of defendant insurer is reversed as defendant's reopening and reconsideration of an
earthquake claim tolls the revived one-year period to bring earthquake claims set forth in Code of Civil Procedure
section 340.9.
ADMINISTRATIVE , BANKRUPTCY , CIVIL PROCEDURE, INDIAN , PROPERTY & REAL ESTATE
Harrison v. Emerald Outdoor Adver., LLC, No. 04-35647 (9th Cir. April 13, 2006)
A determination that a bankruptcy debtor's lease in certain tribal land had priority over a deed of trust, since it was
recorded in the BIA Title Plant before the deed, is reversed where federal law points to state law to determine priority.
Under a state's race-notice statute, priority was obtained by recording in the county in which the land was located.
ADMINISTRATIVE , ENVIRONMENTAL , GOVERNMENT , PROPERTY & REAL ESTATE
Mineral Ass'ns Coalition v. State Mining & Geology Bd, No C049201 (Cal. 3d App. Dist. April 12, 2006)
A regulation, requiring the Director of the Dep't of Conservation to concur in any lead agency determination that a mine
operator has fulfilled the terms of his reclamation plan and that the financial assurance instruments securing his
obligation to reclaim lands shall be released, was within defendant's authority and consistent with the Surface Mining
and Reclamation Act of 1975.
BANKRUPTCY , PROPERTY & REAL ESTATE, TRANSPORTATION
Norfolk S. Ry. Co. v. Consol. Freightways Corp., No. 04-55717 (9th Cir. April 10, 2006)
Dismissal of a complaint claiming that bankruptcy debtor, an interstate motor carrier, held certain funds in trust for
plaintiff, an interline freight railroad, under the "interline trust doctrine" is affirmed since the creation of a new federal
common law rule imposing a constructive trust for the payment of interline balances in bankruptcy was not justified.
EVIDENCE, GOVERNMENT , INSURANCE , PROPERTY & REAL ESTATE
California State Auto. Ass'n Inter-Ins. Bureau v. City of Palo Alto, No H027980 (Cal. 6th App. Dist. April 10, 2006)
Decision finding defendant City not liable for property damage resulting from a sewage backup into a private home
under the theory of inverse condemnation is reversed where the trial court erred in requiring the plaintiff to prove fault.
California Appellate Districts
CONSTITUTIONAL , GOVERNMENT , LANDLORD TENANT , PROPERTY & REAL ESTATE
Hillsboro Props. v. City of Rohnert Park , No A110441 (Cal. 1st App. Dist. April 06, 2006)
A property owner prevented from charging increased rent by a rent control ordinance eventually ruled unconstitutional
is not entitled to recover the lost rental income, either from its tenants or from the city that imposed the limit, if the
ordinance did not deny the owner a fair return on its investment.
U.S. 6th Circuit Court of Appeals
Minges Creek, L.L.C. v. Royal Ins. Co. of Am. (04/06/06 - No. 05-1313)
Summary judgment for plaintiff, the owner of a shopping center, in a suit against an insurer for indemnification of an
underlying slip-and-fall lawsuit is reversed where: 1) the policy at issue covered premises inside a store, and not the
common areas where the accident occurred; and 2) defendant had no duty to defend against the injured's claims.
http://caselaw.lp.findlaw.com/data2/circs/6th/051313p.pdf
Supreme Court of Texas
Minnesota Life Ins. Co. v. Vasquez (04/07/06 - No. 04-0477)
An award of extra-contractual damages on top of payments made by a mortgage insurer after a bad-faith suit was filed
against it is reversed where there was no evidence that the insurer knew its actions were false, deceptive, or unfair.
County Concrete Corp. v. Township of Roxbury (03/31/06 - No. 05-1680, 05-1865)
Dismissal and summary judgment in favor of defendants, a township and officials, in a dispute over a zoning
ordinance which effectively prevented plaintiffs' sand and gravel removal operations is reversed in part as to: 1)
substantive due process challenges to the ordinance and defendants' obstructive course of conduct; 2) a Fifth
Amendment challenge; 3) a breach of the implied covenant of good faith and fair dealing claim; and 4) tortious
interference and civil conspiracy claims.
Trancas Prop. Owners Ass'n v. Malibu (03/30/06 - No. B174674A)
Denial of petition for writ of mandate to set aside an agreement between plaintiff and defendant is reversed where the
agreement impermissibly attempted to abrogate the city's zoning authority and provisions, and its adoption in a closed
city council session violated Government Code section 54950 et seq. (Brown Act), even though the agreement
included a settlement of litigation.
CONSTRUCTION, CONTRACTS, GOVERNMENT , PROPERTY & REAL ESTATE
Trancas Prop. Owners Ass'n v. Malibu , No B174674A (Cal. 1st App. Dist. March 30, 2006)
Denial of petition for writ of mandate to set aside an agreement between plaintiff and defendant is reversed where the
agreement impermissibly attempted to abrogate the city's zoning authority and provisions, and its adoption in a closed
city council session violated Government Code section 54950 et seq. (Brown Act), even though the agreement
included a settlement of litigation.
GOVERNMENT , PROPERTY & REAL ESTATE, TAX
Dahms v. Downtown Pomona Prop. & Bus. Improvement Dist., No B183545 (Cal. 2d App. Dist. March 30, 2006)
Trial court's rejection of plaintiff's challenge to the creation of a special assessment district in downtown Pomona,
California is affirmed over claims that the city council's hearing on the assessment was premature, the amounts were
not proportional to the benefits conferred, the city did not adequately distinguish between special and general
benefits, and certain findings by the city are not supported by substantial evidence.
Searching for Edina Realty on Google returns a top-of-the-page sponsored link run by TheMLSonline.com, and Edina
Realty has sued the advertiser over use of its trademark. Even though the lawsuit involved Google and keywords, for
once no one has shown up at the Googleplex bearing warm greetings and a stone-cold subpoena. In Edina Realty,
Inc. v. TheMLSonline.com, Marquette law professor Eric Goldman has blogged that the case equates keyword
purchases to trademark infringement.
"That's what makes this case significant. I think this is the first case substantively analyzing a purchaser's liability for
buying a competitor's keyword," he wrote in his post. TheMLSonline.com purchased keywords like "Edina Realty" and
several variations, including misspellings, on both Google and Yahoo. Yahoo recently changed its policy for trademark
purchases, restricting them to being eligible for purchase only by the trademark holder. Google does not do this.
Along with the keyword purchases, TheMLSonline.com also indulged in placing hidden text on its site, Goldman
noted. Phrases like "Edina Realty information presented at TheMLSonline.com" were hidden as white text on a white
background. The impact of the court's initial ruling that the purchase of keywords, though not conventional, is a use in
commerce, could have implications down the road. Goldman believes a couple of key points arose from the ruling.
Read the Full Article
EPA PUBLISHES FINAL RULE ON ALL APPROPRIATE INQUIRIES
The Environmental Protection Agency published a final rule setting federal standards for the conduct of all appropriate
inquiries. The rule was published in the Federal Register on November 1, 2005. The final rule and preamble is
available below.
Private Mortgage Insurance (PMI) New Law Requires Lenders to Cancel PMI
If you are a homeowner, you will want to be aware of a new law that establishes rights for homeowners and rules for
lenders regarding private mortgage insurance (PMI) cancellation. With this knowledge, you may eliminate premiums
you may be paying unnecessarily.
CONSTRUCTION, ENVIRONMENTAL , EVIDENCE, INJURY AND TORT , LANDLORD TENANT , PROPERTY & REAL
ESTATE Geffcken v. D'Andrea , No. B176232 (Cal. 2d App. Dist. March 28, 2006)
Evidentiary rulings and dismissal of causes of action for nuisance and constructive eviction of plaintiffs claiming
exposure to mold mycotoxins are affirmed over claims that the trial court erroneously granted defendants' motions in
limine: 1) to exclude the testimony of one of appellants' two designated experts; 2) to exclude the environmental
sampling data of appellants' other designated expert; 3) to exclude the results of a mycotoxin antibody test and a
blood serology test; and 4) to preclude them from alleging exposure to mycotoxins at the properties in question.
California Appellate Districts
GOVERNMENT , PROPERTY & REAL ESTATE, TAX City of Dinuba v. Tulare Co., No F046252 (Cal. 5th App. Dist.
March 28, 2006) Dismissal of action against county based on immunity under Government Code section 860.2 is
reversed because claim against county, for failing to retroactively distribute overdue property tax revenues to city
redevelopment agency, is not encompassed by the state Tort Claims Act.
CONSTITUTIONAL , PROPERTY & REAL ESTATE, RETAIL
Hernandez v. City of Hanford, No F047536 (Cal. 5th App. Dist. March 28, 2006) Judgment upholding zoning ordinance
to allow department stores with 50,000 or more square feet of floor space to sell furniture on a limited basis while
denying that right to smaller retailer is reversed where disparate treatment of similarly situated retailers based on
square footage is not rationally related to the purpose behind the ordinance and is unconstitutional as a violation of
equal protection.
Announcing the 2006 Western Brownfields Workshop for EPA Brownfields grantees, potential or interested grantees,
grantees' consultants, and federal and state partners. This interactive workshop provides a forum for participants to
learn about working in EPA's Brownfields Program. This year, the open grantee workshop will be held in Tucson,
Arizona on June 6 and 7. Additionally, there will be a half-day orientation session devoted to new grantees in EPA's
Brownfields Program on Monday, June 5th. The workshop is free, but registration is required.
E-mail your registration form and any questions to: WBWregistration@sra.com
REVERSE MORTGAGE A GREAT TOOL FOR RETIREES
California Appellate Districts
PROPERTY & REAL ESTATE, REMEDIES Aaron v. Dunham, No A109488 (Cal. 1st App. Dist. March 27, 2006)
Continuous use of a private road by previous owner of plaintiffs' property since 1982 with express permission, and
from at least 1990 to 1995 without permission, constituted adverse, open, and uninterrupted use sufficient to support
a prescriptive easement, despite claims that original builder of the road, an oil company, posted signs which
precluded the acquisition of prescriptive rights, and use of the road was not adverse.
CIVIL PROCEDURE, FAMILY , PROPERTY & REAL ESTATE
Kohlrautz v. Oilmen Participation Corp., No. 03-16340 (9th Cir. March 27, 2006) Denial of summary judgment for
defendant, receiver for a marital estate, on a third party complaint alleging abuse of process is affirmed where: 1)
state official immunity law applied to the case, 2) Nevada law was applicable, and 3) under Nevada's law of official
immunity for court-appointed receivers, denial of summary judgment was proper.
U.S. 4th Circuit Court of Appeals
Q Int'l Courier, Inc. v. Smoak (03/20/06 - No. 05-1150) Dismissal of a contract and tort action involving an alleged
conspiracy to conceal certain stock appraisals on grounds of res judicata is reversed and remanded where the district
court erred by applying federal law of res judicata rather than Virginia law of res judicata.
Anaheim Gardens v. US (03/24/06 - No. 01-5011, 01-5012) Dismissal of two regulatory takings cases pursuant to a
finding that the claims were unripe for suit because the parties had not obtained a "final decision" from the U.S.
Department of Housing and Urban Development is reversed and remanded for further findings as to evidence of
"administrative futility" that would exempt plaintiffs from exhausting their administrative remedies.
http://caselaw.lp.findlaw.com/data2/circs/fed/015011p.pdf [PDF File]
California Appellate Districts
CONSTRUCTION, GOVERNMENT , LANDLORD TENANT , PROPERTY & REAL ESTATE
Blue v. City of Los Angeles, No B180319 (Cal. 2d App. Dist. March 24, 2006) A judgment validating an amendment to
the Redevelopment Plan for the Hollywood Redevelopment Project is affirmed where was no procedural defect in the
adoption of the first amendment. Substantial evidence supports the finding the project area remains blighted.
GOVERNMENT , HEALTH , LANDLORD TENANT , PROPERTY & REAL ESTATE
Consumer Defense Group v. Rental Housing Indus. Members , No G035101, G035154 (Cal. 1st App. Dist. March 24,
2006) In an action alleging Proposition 65 violations on the part of property owners and managers for failure to warn
tenants about potential health hazards, approval of a settlement between the parties is reversed where affirmance
would nullify the regulations requiring meaningful notice to prosecutorial authorities which differentiate the target
business in Prop. 65 warning litigation from nontarget businesses, so the AG has a genuine opportunity to decide on
behalf of the public whether Prop. 65 litigation is warranted.
CONSTRUCTION, CONTRACTS, ENVIRONMENTAL LAW, INJURY AND TORT LAW
Michael v. Denbeste Trans., No B173832 (Cal. 2d App. Dist. March 24, 2006) The Privette doctrine, from Privette v.
Superior Court (1993) 5 Cal.4th 689, applies in a case where the injured plaintiff is not an employee, but an
independent contractor, hired by another independent contractor.
ATTORNEY'S FEES, PROPERTY LAW & REAL ESTATE
Newmyer v. Parklands Ranch, LLC, No B180461 (Cal. 2d App. Dist. March 24, 2006) The owner of the dominant
tenement possessing over the servient tenement an access easement that includes the right to grant other
easements for "like purposes" may convey to an owner of property adjoining the dominant tenement an enforceable
easement for access over the servient tenement. When a party records a late notice to preserve easement under Civil
Code section 887.070, the attorney fees that can be assessed as a condition to dismissal of an action to establish
the abandonment of an easement may include only those fees incurred in connection with that action for statutory
abandonment, and not the fees incurred otherwise in the proceeding to contest the validity of the easement.
GEORGIA V. RANDOLPH
March 22, 2006 In a 5-3 decision (with Justice Alito abstaining), the U.S. Supreme Court rules that even if a co-
occupant of a residence gives police permission to conduct a warrantless entry, a different co-occupant's physical
presence and stated refusal to permit entry "prevails, rendering the warrantless search unreasonable and invalid as
to him."
Kuperman v. Assessment Appeals Bd. No. 1, No D045751 (Cal. 4th App. Dist. March 20, 2006)
Denial of a petition for a writ of administrative mandamus to set aside a decision finding that a county tax assessor
lacked jurisdiction to consider petitioner's application for a reduction in the base year value of property is affirmed
where petitioner's application was not timely filed under applicable law, and the limitations period at issue does not
violate constitutional due process or equal protection.
California Appellate Districts
CIVIL PROCEDURE, LANDLORD TENANT LAW, PROPERTY LAW & REAL ESTATE Gill Petrolium, Inc. v. Hayer, No
C047075 (Cal. 3d App. Dist. March 15, 2006) Grant of a motion for relief from for relief from the forfeiture of a lease is
affirmed over a claim that the trial court had no jurisdiction to reconsider and modify an award of per diem damages,
because Code of Civil Procedure section 1179 gives a court the authority to relieve a defendant of burdens of a
judgment in an unlawful detainer action.
California Appellate Districts
GOVERNMENT , LANDLORD TENANT , PROPERTY & REAL ESTATE
Pieri v. City & County of San Francisco, No A110571 (Cal. 1st App. Dist. March 16, 2006) A requirement of reasonable
relocation assistance compensation for displaced tenants does not violate the Ellis Act. Grant of a petition for writ of
mandate in a challenge to a municipality's relocation assistance ordinance is reversed where the trial court erred in
concluding that the ordinance facially violated the Ellis Act.
HUD has released the final quarterly report of "U.S. Housing Market Conditions" for 2005, which contains an
analysis of both the fourth quarter and the entire year.
100,000 Units of Affordable Rental Units Created a Year, but 200,000 Rental Units Demolished Annually, According to
Report from Harvard's New Research Initiative
Business Plan, CalARP & Spill/Release Reporting Basic Training OES is once again providing basic program
training. This training is open to government and industry staff that are interested in learning the basics about the
following: ~ Business Plan Program ~ California Accidental Release Prevention (CalARP) Program. Also called the
Risk Management Program ~Hazardous Material Release/Spill Reporting Requirements
This free training will be held at the South Coast AQMD facility in Diamond Bar, California on March 29,
2006. The class is scheduled from 8:45 AM to 3:00 PM. To register, please email Michael Warren at
Michael_Warren@oes.ca.gov or call 916-845-8772 before March 22, 2006.
CONTRACTS, CORP. GOVERNANCE, CORPORATION & ENTERPRISE , INSURANCE , PROPERTY & REAL
ESTATE, SECURITIES TIG Ins. Co. of Michigan v. Homestore, Inc., No B176533 (Cal. 2d App. Dist. March 13, 2006)
Summary judgment for an insurer in an action seeking rescission of defendant-company's directors and officers
liability insurance policy is affirmed over claims regarding: 1) whether the insurer could rescind the policy as to
defendants, directors and officers, who did not sign the application and were unaware of certain misrepresentations;
and 2) whether the elements of rescission under the policy were met.
ATTORNEY'S FEES, CONTRACTS, PROPERTY & REAL ESTATE, WATER Baugh v. Garl, No B176714 (Cal. 2d App.
Dist. March 13, 2006) A judgment permanently enjoining defendant from tapping into plaintiffs' pipeline that carries
water to plaintiffs' property is affirmed over his claims regarding: 1) denial of a jury trial; 2) an award of attorney's fees;
3) a failure to disqualify plaintiffs' counsel; 4) a referee's conflict of interest; and 5) denial of a motion for nonsuit and
directed verdict.
ASSET FORFEITURE, CLASS ACTIONS, CONSTITUTIONAL , GOVERNMENT , PROPERTY & REAL ESTATE Suever v.
Connell, No. 04-15555 (9th Cir. March 14, 2006)
Dismissal of a class action alleging that defendants-state officials improperly seized and retained class property
under state law is vacated where the Eleventh Amendment did not bar the class from suing to obtain its property back
since the complaint alleged that defendants seized and retained class property through ultra vires and
unconstitutional acts.
Oak Park Calabasas Condo. Ass'n v. State Farm Fire & Cas. Co. (03/09/06 - No. B180743)
A judgment following a court trial for an insurer on claims of breach of its duty to defend and indemnify is affirmed
where the trial court properly found that defendant's policy of insurance with plaintiff, condominium association,
offered no potential for coverage in an underlying contract action.
New MIT index measures huge returns in commercial real estate February 22, 2006
Annual investment returns for U.S. holdings in commercial real estate — a sector favored by big pension funds — hit
an unprecedented high of 34 percent in 2005, the MIT Center for Real Estate announced today.
County of Los Angeles v. Constr. Laborers Trust Fund for S. California Admin. Co., No B179090 (Cal. 2d App. Dist.
March 06, 2006) A judgment establishing lien priorities between claimants to certain interpleaded funds is affirmed
where respondent, an attorney to a party in underlying litigation, was entitled to the imposition of an equitable lien.
GOVERNMENT BENEFITS, GOVERNMENT , HEALTH , PROBATE, TRUSTS & ESTATES
Conservatorship of the Estate of Kane, No A110631 (Cal. 1st App. Dist. March 06, 2006)
An order denying a petition for a substituted judgment to establish a special needs trust under the authority of Probate
Code section 2580 is reversed and remanded for reconsideration where the probate court had jurisdiction and
authority to create the special needs trust at issue.
Circular 26-06-04 - Manufactured Home Appraisal Report Source: VA
Date: 3/3/2006
PURPOSE. The purpose of this circular is to provide information to program participants on the use of the new
Manufactured Home Appraisal Report (Freddie Mac Form 70B/Fannie Mae Form 1004C, dated March 2005) for
Department of Veterans Affair’s (VA) manufactured home appraisals.
Insurance Appraiser, Insurance Appraisal,
CONSTRUCTION, CONTRACTS, INSURANCE , & REAL ESTATE
Amwest Surety Ins. Co. v. Patriot Homes, Inc., No B175822 (Cal. 2d App. Dist. December 22, 2005)
Judgment for defendants, real estate developers, in an action for breach of an indemnity contract and statutory
indemnity regarding plaintiff-insurer's provision of an appeal bond to defendants is reversed since the parties'
indemnity agreements covered all bonds, including appeal bonds.
ADMINISTRATIVE , CONSTRUCTION, GOVERNMENT LAW, LABOR & EMPLOYMENT , PROPERTY & REAL ESTATE
Greystone Homes, Inc. v. Cake, No A107763, A107769 (Cal. 1st App. Dist. December 21, 2005)
Determination that a housing development project was a public work for purposes of being subject to California's
Prevailing Wage Law is reversed where the determination was based on an erroneous application of former Labor
Code section 1720(a), and plaintiff-developer paid all demolition and construction costs with private funds.
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, DC 20410-8000
ASSISTANT SECRETARY FOR HOUSING-FEDERAL HOUSING COMMISSIONER December 19, 2005 MORTGAGEE
APPROVED APPRAISERS LETTER 2005-48 TO: ALL APPROVED MORTGAGEES, ALL APPROVED APPRAISERS
SUBJECT: FHA Repair and Inspection Requirements for existing properties and revisions to FHA Appraisal Protocol
In a continuing effort to reform and standardize its appraisal requirements, FHA has shifted from its historical
emphasis on the repair of minor property deficiencies and now only requires repairs for those property conditions that
rise above the level of cosmetic defects, minor defects or normal wear and tear. FHA Roster Appraisers are reminded
to report all readily observable property deficiencies, as well as any adverse conditions discovered performing the
research involved in completing the appraisal, within the appraisal reporting form. Lenders should use professional
judgment and rely upon prudent underwriting practices in determining when a property condition poses a threat to the
safety of an occupant and/or jeopardizes the soundness and structural integrity of the property, such that additional
inspections and/or repairs are necessary...
The California Housing Finance Agency is pleased to announce its new 40-Year Fixed Mortgage, effective March 7,
2006. For detailed information see Program Bulletin #2006-03 at CalHFA’s web site.
A bill strengthening property rights in the wake of the Supreme Court's June 2005 ruling on eminent domain has been
introduced in Wisconsin and is awaiting finalization in the state legislature.
Purchase mortgage or refi: Which is best? Readers weigh in with interesting tips Monday, March 06, 2006
Inman News
In a recent article, I suggested that a home buyer with enough money to pay all cash, but who needed to recover some
of the cash for other purposes, might do better to pay all cash and refinance later.
CIVIL PROCEDURE, INJURY AND TORT , PROPERTY & REAL ESTATE
Hoskins v. Hogstad, No C049379 (Cal. 3d App. Dist. February 21, 2006)
In a dispute between neighbors, an order denying defendants' motion to strike a complaint under the anti-SLAPP
statute for failure to set a hearing date on the motion within 30 days of service is affirmed where the trial court did not
abuse its discretion because defendants failed to demonstrate that the docket conditions of the court precluded an
early calendar date.
ADMINISTRATIVE , ENVIRONMENTAL , GOVERNMENT , TAX
Unfair Fire Tax Comm. v. City of Oakland, No A109510 (Cal. 1st App. Dist. February 27, 2006) The language of section
19 of Ordinance No. 12556 allowing an aggrieved person to "appeal" to the city council a resolution to establish a fire
suppression district does not provide an adequate administrative remedy because it lacks any procedural
mechanism for submission, evaluation and resolution of the appeal.
CONSTRUCTION, DEBT COLLECTION, PROPERTY & REAL ESTATE,
Marion Drive, LLC v. Saladino, No B182727 (Cal. 2d App. Dist. February 27, 2006) Judgment in favor of defendant, a
lender, in a dispute over certain excess proceeds from the tax sale of certain property is reversed since plaintiff, a
bond owner, was a "lienholder of record prior to the recordation of the tax deed" with priority over defendant's
subsequently recorded deed of trust.
PROPERTY & REAL ESTATE Finkbeiner v. Gavid, No B180104 (Cal. 2d App. Dist. February 27, 2006) An order
denying a successor trustee's in propria persona petition to modify and terminate a trust is reversed where the court
erred in ruling that: 1) the trustee had to be represented by counsel when she appeared in court to terminate the trust;
2) the trust was irrevocable; 3) an accounting was not required; and 4) denying trustee's fees.
Adell v. John Richards Homes Bldg. Co., L.L.C. (03/01/06 - No. 04-2154)
In a case involving a residential construction contract, an award of costs, attorneys' fees, compensatory damages and
punitive damages following a determination that an involuntary bankruptcy petition filed by plaintiff against defendant-
contractor was filed in bad faith is affirmed where there was no error in the bankruptcy court's award.
California Appellate Districts
CLASS ACTIONS, GOVERNMENT , HEALTH , INJURY AND TORT , MANUFACTURING, PRODUCT LIABILITY,
PROPERTY & REAL ESTATE County of Santa Clara v. Atl. Richfield Co., No H026651 (Cal. 6th App. Dist. March 03,
2006) Judgment for defendants, lead manufacturers, in a class action brought by governmental entities alleging
claims for damages caused by lead paint is reversed where the superior court's rulings were erroneous as to
plaintiffs' public nuisance, strict liability, negligence, and fraud causes of action.
EVIDENCE, GOVERNMENT , PROPERTY & REAL ESTATE, REMEDIES
City of Santa Clarita v. NTS Technical Sys., No B169596 (Cal. 2d App. Dist. March 03, 2006) A judgment entered in an
eminent domain action in favor of a municipality is affirmed over defendants' contentions that the trial court erred in
finding they failed to show any qualifying goodwill loss, in excluding expert valuation testimony, and in computing the
value of a "part take."
CIVIL PROCEDURE, CONTRACTS, PROPERTY & REAL ESTATE
Healy v. Tuscany Hills Landscape & Recreation Corp., No E036896 (Cal. 4th App. Dist. February 28, 2006) An order
denying a special motion to strike a cause of action for defamation asserted by defendant-homeowner in a dispute
with a homeowners association is reversed where the allegedly defamatory publication came within the scope of the
litigation privilege, and thus, there was no possibility that defendant could prevail in her cause of action.
ADMINISTRATIVE , GOVERNMENT , LANDLORD TENANT , PROPERTY & REAL ESTATE
Johnson v. City & County of San Francisco, No A111355 (Cal. 1st App. Dist. February 28, 2006)The Ellis Act, involving
landlords' power to remove residential rental units from the market, preempts a belief requirement relating to the
amount due for tenants' relocation costs contained in the San Francisco Administrative Code.
Appraiser Los Angeles, Los Angeles Appraiser, commercial appraiser, commercial real estate appraiser,
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Appraiser, LA, L.A., real estate appraiser, commercial real estate inspectors, real estate brokers, los angeles real
estate appraiser, Commercial Appraiser, Special Purpose Property Appraiser, Office Property Appraiser, Commercial
appraisal, Commercial Real Estate Appraiser los angeles, VANDEMA, Southern California Commercial Real Estate
Appraiser, Residential Appraiser, Apartment Appraiser, Commercial Appraisal,California Appraiser,PMI Removal
Appraiser, Free Appraisal, Certified General Appraiser, Tax Appraiser, Multi Family Appraiser, Bank Appraiser
ARCHIVES
U.S. 2nd Circuit Court of Appeals
Wells Fargo Bank v. Brooksamerica Mortgage Corp. (08/15/05 - No. 04-5306) Under New York Law, a "hell or high
water" clause, which makes a leasee's obligation to make monthly payments absolute and unconditional, are
enforceable by good faith assignees against sophisticated parties.
http://caselaw.lp.findlaw.com/data2/circs/2nd/045306p.pdf [PDF File]
CIVIL PROCEDURE, GOVERNMENT , PROPERTY & REAL ESTATE
Empress v. City of San Francisco, No. 03-16706 (9th Cir. August 18, 2005) Plaintiffs' contention that defendant-City
unlawfully delegated zoning decisions to the Executive Director of the Tenderloin Housing Clinic, is precluded by the
Noerr-Pennington doctrine, under notice pleading standards. To read the full text of this opinion, go to: http://caselaw.
lp.findlaw.com/data2/circs/9th/0316706p.pdf
CIVIL PROCEDURE, PROPERTY & REAL ESTATE
M&A Gabaee v. Community Redevelopment, No. 04-56134, 04-56740 (9th Cir. August 17, 2005) The doctrine of
Younger abstention applies when a parallel state-court proceeding has formally begun, even if the proceedings have
not yet reached the merits of the claim. To read the full text of this opinion, go to:
[PDF File] http://caselaw.lp.findlaw.com/data2/circs/9th/0456134p.pdf
Man Accused Of Inflating Home Appraisals To Dupe Banks
32-Year-Old To Plead Guilty In Mortgage Fraud Cases. POSTED: 12:24 pm EST August 5, 2005 INDIANAPOLIS -- An
Indianapolis man was charged this week in connection with a scheme in which people allegedly conspired to trick
banks into lending them millions of dollars in mortgage loans.
http://www.theindychannel.com/news/4814854/detail.html.
CIVIL PROCEDURE, CONSTRUCTION
Inco Dev. Corp. v. Super. Ct. of San Bernardino County, No E036800
(Cal. 4th App. Dist. August 04, 2005) The tolling provision contained in Code of Civil Procedure section 356
does not apply to extend the 10-year period set forth in section 337.15, which covers actions based on latent
construction defects.
http://caselaw.lp.findlaw.com/data2/californiastatecases/e036800.pdf
California Appellate Districts
Trend Homes, Inc. v. Super. Ct. of Fresno (08/02/05 - No. F046715) A provision found in home purchase contracts,
which requires homebuyers who sue the builders of the homes to submit the dispute to judicial reference, is
enforceable.
http://caselaw.lp.findlaw.com/data2/californiastatecases/f046715.pdf [PDF File]
BANKRUPTCY , LANDLORD TENANT
AMB Prop. v. Official Creditors, No. 03-16979 (9th Cir. July 19, 2005) A landlord is required to deduct the amount of
security held under a lease with a debtor from the allowable claim for damages as a result
of the debtor's bankruptcy. To read the full text of this opinion, go to: [PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0316979p.pdf
CONSTRUCTION, INSURANCE , PROPERTY & REAL ESTATE
TRB Inv. Inc. v. Fireman's Fund Ins. Co., No F045816 (Cal. 1st App.Dist. July 18, 2005) A renovation to an existing
commercial building does not fall under the "under construction" exception to the vacancy exclusion of a property
insurance policy.
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/f045816.pdf
ENVIRONMENTAL , GOVERNMENT
Lincoln Place Tenants Ass'n v. City of L.A., No. B172979 (Cal. 2d
App. Dist. July 13, 2005) In a matter involving a redevelopment project, defendant-City cannot disregard the mitigating
conditions its placed on the demolition of certain buildings without conducting a supplemental CEQA review.
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b172979.pdf
GOVERNMENT , TAX
Silicon Valley Taxpayers v. Santa Clara County, No H026759 (Cal. 6th App. Dist. July 06, 2005) The trial court's
validation of an assessment, which is intended to fund the acquisition and maintenance of open space land, is
affirmed over plaintiff's claim that the assessment runs afoul of Proposition 218, the Right to Vote on Taxes Act.
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/h026759.pdf
PROPERTY LAW & REAL ESTATE
Bear Creek Master Ass'n v. Edwards , No E034859 (Cal. 4th App. Dist. July 13, 2005) A homeowners' association may
charge homeowners' association dues or assessments for unbuilt property within a planned and partially unbuilt
homeowners' association development.
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/e034859.pdf
GOVERNMENT LAW, LANDLORD TENANT LAW, PROPERTY LAW & REAL ESTATE
Bisno v. Santa Monica Rent Control Bd., No B176350 (Cal. 1st App. Dist. June 28, 2005) Defendant-Board did not
exceed its authority when it adopted Regulation 3304, which permits landlords to petition for a rent increase on the
ground that a rental unit's tenant is not occupying it as his or her principal residence.
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b176350.pdf
CIVIL PROCEDURE, CONTRACTS, LANDLORD TENANT LAW, PROPERTY LAW & REAL ESTATE
Lu v. Grewal , No B173008 (Cal. 2d App. Dist. June 28, 2005) Under Civil Code section 1951.2, the correct measure
for mitigation credit is the property's fair market rental value.
KELO V. CITY OF NEW LONDON
June 23, 2005
The U.S. Supreme Court, in a 5-4 vote, rules that the "Takings Clause" in the U.S. Constitutiona permits local
governments can seize residential and commerical property for private development. In a strongly worded dissent,
Justice O'Connor rebukes the majority's conclusion, asserting that "the beneficiaries are likely to be those citizens
with disproportionate influence and power in the political process," giving government a "license to transfer property
from those with fewer resources to those with more."
Majority Opinion
http://laws.findlaw.com/us/000/04-108.html
Justice O'Connor's Dissent
http://rd.findlaw.com/scripts/nl.pl?url=11195100001_nl
PROPERTY LAW & REAL ESTATE
Woodridge Escondido v. Nielsen, No. D044294 (Cal. 4th App. Dist. June 16, 2005) The district court was correct in
ordering defendant to remove a wooden deck that encroached upon a side yard easement.
To read the full text of this opinion, go to: http://caselaw.lp.findlaw.com/data2/californiastatecases/d044294.pdf
Appraiser Los Angeles, Los Angeles Appraiser, commercial appraiser, commercial real estate appraiser,
Commercial Real Estate Appraiser los angeles, Appraiser Commercial, commercial real estate appraisal, MAI
Appraiser, LA, L.A., real estate appraiser, commercial real estate inspectors, real estate brokers, los angeles real
estate appraiser, Commercial Appraiser, Special Purpose Property Appraiser, Office Property Appraiser, Commercial
appraisal, Commercial Real Estate Appraiser los angeles, VANDEMA, Southern California Commercial Real Estate
Appraiser, Residential Appraiser, Apartment Appraiser, Commercial Appraisal,California Appraiser,PMI Removal
Appraiser, Free Appraisal, Certified General Appraiser, Tax Appraiser, Multi Family Appraiser, Bank Appraiser
Berg v. Davi, No C046809 (Cal. 3d App. Dist. June 15, 2005) The Department of Real Estate properly rejected
plaintiff's application for a real estate salesperson's license where the rejection met the requirements of Business &
Professions Code section 10177(f). To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/c046809.pdf
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Two national mortgage servicing companies accused of charging illegal fees and intimidating homeowners agreed to
forgive nearly $11 million in debt to 267 West Virginians who lost their homes in questionable foreclosures. Fairbanks
Capital Corp. of Salt Lake City, now called Select Portfolio Servicing, and Homecomings Financial Network Inc. of
Dallas settled complaints against them, officials announced Thursday.
http://news.findlaw.com/ap/o/632/06-10-2005/c53b000c235d7006.html
CIVIL PROCEDURE, LANDLORD TENANT , PROPERTY & REAL ESTATE
Wasatch Prop. Mgmt., No S112386 (Cal. June 13, 2005) Landlords must comply with the 90-day notice provision of
Civil Code
section 1954.535 in order to terminate a tenancy agreement with a Section 8 low-income tenant.
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/s112386.pdf
PROPERTY & REAL ESTATE
Escondido Union Sch. Dist. v. Casa Suenos De Oro, Inc., No D04310 (Cal. 4th App. Dist. May 26, 2005)
In a condemnation action, compensation awarded to defendant for manufactured homes on the property is affirmed
where the manufactured homes are improvements pertaining the realty and were properly taken into account in
determining the award.
To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2005/d043104.html
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/d043104.pdf
PROPERTY & REAL ESTATE
Beyer v. Tahoe Sands Resort, No C045691 (Cal. 3d App. Dist. June 08,2005) In an action to declare and quiet title to
easements, the trial court erred in concluding that defendant retained a sufficient ownership interest in the property to
preclude their creating easements in their own favor.
To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2005/c045691.html
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/c045691.pdf
DISPUTE RESOLUTION & ARBITRATION
Marcus & Millichap Real Estate v. Woodman Inv. , No. B174696 (Cal. 2d App. Dist. May 17, 2005)
A post arbitration judicial proceeding to confirm an arbitration award is final for purposes of an award of fees.
To read the full text of this opinion, go to:
http://caselaw.lp.findlaw.com/data2/californiastatecases/b174696.doc
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b174696.pdf
GOVERNMENT , PROPERTY & REAL ESTATE
Autopsy/Post Services, Inc. v. City of Los Angeles, No. B179349 (Cal. 2d App. Dist. May 17, 2005)
Defendant-City properly revoked plaintiff's permit to operate a medical laboratory in a commercially zoned building
where the proposed facility is equivalent to a morgue or a mortuary, a use which is restricted to industrial zones.
To read the full text of this opinion, go to:
http://caselaw.lp.findlaw.com/data2/californiastatecases/b179349.doc
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b179349.pdf
PROPERTY & REAL ESTATE, TAX
Auerbach v. Assessment Appeals Bd., No B173649 (Cal. 2d App. Dist. May 11, 2005)
In a dispute concerning the transfer of commercial real property subject to a lease, pursuant to Revenue and Taxation
Code section 61(c), the change in ownership transfers both the land and the improvements since both are subject to
the lease. To read the full text of this opinion, go to:
http://caselaw.lp.findlaw.com/data2/californiastatecases/b173649.doc
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b173649.pdf
PROPERTY & REAL ESTATE, TAX
Azadozy v. Nikoghosian, No F045677 (Cal. 5th App. Dist. May 04, 2005)
A holder of unrecorded title to property sold at a tax sale is not a"party of interest" within the meaning of Rev. & Tax.
Code, section 4675, and is not entitled to claim excess proceeds from the tax sale. To read the full text of this opinion,
go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2005/f045677.html
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/f045677.pdf
Feds looking at real estate practices in Tulsa
TULSA, Okla. (AP) - A real estate official says federal agents are investigating real estate brokerage practices in
Oklahoma.
Greater Tulsa Association of Realtors executive director Al Unser says the real estate group has responded to a civil
investigative demand from the U-S Department of Justice. According a story on Money Magazine's Web site, the order
stems from a probe of the real estate brokerage business and how commission levels are maintained.
A six percent commission is the industry standard. Discount brokers lose business when full-commission brokers
refuse to show their clients properties listed with the discount firms. According to the article, the Justice Department's
Antitrust Division is gathering information on whether full-commission brokers in Tulsa are using tactics against
discount firms to discourage commission-cutting. Attempts by The Associated Press to contact two discount realtors
quoted in Money's story weren't successful.
AO OPINION NUMBER 04-1201
A partner in a law firm who holds a California real estate broker's license may represent the seller of real property in a
transaction in which the seller agrees to pay the law firm a real estate brokerage commission in lieu of an hourly fee
for legal services rendered in connection with the sales transaction, provided that no one in the firm who does not
hold a real estate broker's license performs any act for which a license is required.
CONSTITUTIONAL , PROPERTY & REAL ESTATE
City of San Diego v. Barratt Am. Inc., No. D044079.PDF (Cal. 4th App. Dist. April 25, 2005)
In an eminent domain action concerning the valuation of property, the jury verdict is affirmed where the trial court
correctly precluded plaintiff-City from using the abandoned Project construct to value the taken property.
To read the full text of this opinion, go to:
http://caselaw.lp.findlaw.com/data2/californiastatecases/d044079.pdf
AO03-104
A community may establish its maximum number of housing units by income category that can be constructed,
rehabilitated, and conserved over the next five-year period below the number of housing units that would meet the
community's goal of achieving its share of the regional housing needs established pursuant to the Planning and
Zoning Law if the community finds that its available resources in the aggregate, including but not limited to federal and
state funds for its housing programs, its own local funds, tax or density credits, and other affordable housing
programs, are insufficient to meet those needs.
Appraiser Los Angeles, Los Angeles Appraiser, commercial appraiser, commercial real estate appraiser,
Commercial Real Estate Appraiser los angeles, Appraiser Commercial, commercial real estate appraisal, MAI
Appraiser, LA, L.A., real estate appraiser, commercial real estate inspectors, real estate brokers, los angeles real
estate appraiser, Commercial Appraiser, Special Purpose Property Appraiser, Office Property Appraiser, Commercial
appraisal, Commercial Real Estate Appraiser los angeles, VANDEMA, Southern California Commercial Real Estate
Appraiser, Residential Appraiser, Apartment Appraiser, Commercial Appraisal,California Appraiser,PMI Removal
Appraiser, Free Appraisal, Certified General Appraiser, Tax Appraiser, Multi Family Appraiser, Bank Appraiser
CIVIL PROCEDURE, CONSTITUTIONAL , EVIDENCE, PROPERTY & REAL
ESTATE
Redevelopment Agency of San Diego v. Attisha, No D043044 (Cal. 4th App.Dist. April 11, 2005) In an eminent domain
case, the district court erred in its valuation of goodwill since it improperly excluded testimony of an expert goodwill
valuation witness.
To read the full text of this opinion, go to:
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/D043044.pdf
CONSTITUTIONAL , PROPERTY & REAL ESTATE
San Diego Metro. Transit Dev. Bd. v. RV Cmty., No D042545 (Cal. 4th App. Dist. March 29, 2005)
A judgment in condemnation, awarding defendant compensation for property taken by eminent domain and inverse
condemnation, is affirmed. To read the full text of this opinion, go to:
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/d042545.pdf
PROPERTY & REAL ESTATE
Melendrez v. D & I Inv. Inc., No H027098 (Cal. 6th App. Dist. March 29, 2005)
An experienced foreclosure buyer who acquires property at significantly less than its fair market value can still be a
bona fide purchaser for value. To read the full text of this opinion, go to:
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/h027098.pdf
INSURANCE , PROPERTY & REAL ESTATE
Radian Guar. Inc. v. Garamendi, No A105789 (Cal. 1st App. Dist. March 29, 2005)
A cease and desist order that prohibits plaintiff from selling a lien protection policy is affirmed where plaintiff is not
authorized to
transact title insurance, and the lien protection policy constitutes title insurance pursuant to Ins. Code, section
12340.1.
To read the full text of this opinion, go to:
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/a105789.pdf
ATTORNEY'S FEES, DEBT COLLECTION, GOVERNMENT , & REAL ESTATE, WATER LAW Souza v. Wetlands Water
Dist., No F045293 (Cal. 5th App. Dist. January 17, 2006)
Judgments and award of attorney's fees in favor of plaintiffs, farmland owners, against defendants, a water district and
finance company, is reversed in a dispute over certain assessed water charges where the district court's conclusions
were in error.
lCOMMUNICATIONS , CONSTRUCTION, GOVERNMENT , PROPERTY & REAL ESTATE
Sprint PCS Assets, L.L.C. v. City of La Canada Flintridge, No. 05-55014 (9th Cir. January 17, 2006)
Summary judgment in favor of defendant-municipality upholding certain permit denials involving wireless
telecommunications facilities based on aesthetic impact is reversed where defendant overstepped its regulatory
authority under state law, its wireless ordinance is invalid, and no evidence supported the permit denial.
U.S. 9th Circuit Court of Appeals Carson Harbor Village, Ltd. v. County of Los Angeles (01/12/06 - No. 04-55024)
Summary judgment for defendant, oil company, denying plaintiff recovery of certain cleanup costs under the
Comprehensive Environmental Response, Compensation, and Liability Act is affirmed where there are no genuine
issues of material fact regarding whether plaintiff substantially complied with the National Oil and Hazardous
Substances Pollution Contingency Plan.
AGRICULTURE, GOVERNMENT , & REAL ESTATE, PUBLIC UTILITIES
Placer County Local Agency Formation Comm'n v. Nevada County Local Agency Formation Comm'n, No C047697
(Cal. 3d App. Dist. January 13, 2006)
Government Code section 56387 gives principal counties jurisdiction over spheres of influence and service reviews of
multicounty districts within neighboring counties. Judgment entered in favor of defendant in a dispute between
neighboring Local Agency Formation Commissions (LAFCO) under the Cortese-Knox-Hertzberg Local Government
Reorganization Act is affirmed where plaintiff failed to show grounds for reversal of the judgment.
ADMINISTRATIVE , ENVIRONMENTAL , GOVERNMENT , OIL & GAS , PROPERTY & REAL ESTATE
Carson Harbor Village, Ltd. v. County of Los Angeles, No. 04-55024 (9th Cir. January 12, 2006)
Summary judgment for defendant, oil company, denying plaintiff recovery of certain cleanup costs under the
Comprehensive Environmental Response, Compensation, and Liability Act is affirmed where there are no genuine
issues of material fact regarding whether plaintiff substantially complied with the National Oil and Hazardous
Substances Pollution Contingency Plan.
CONSTRUCTION, GOVERNMENT , & REAL ESTATE, PUBLIC UTILITIES, REMEDIES
Metro. Water Dist. of S. California v. Campus Crusade for Christ, Inc., No. E034248 (Cal. 4th App. Dist. January 09,
2006)
Judgment of damages in an eminent domain action to condemn land owned by defendants to construct a water
pipeline is reversed where the trial judge erred in overruling a prior judge's earlier evidentiary rulings in the case, in
allocating the burden of proof as to severance damages, and defendants offered substantial evidence that should
have been presented to a jury in determining the amount of just compensation.
Metro. Water Dist. of S. California v. Campus Crusade for Christ, Inc., No E034248 (Cal. 4th App. Dist. January 09,
2006) Judgment of damages in an eminent domain action to condemn land owned by defendants to construct a water
pipeline is reversed where the trial judge erred in overruling a prior judge's earlier evidentiary rulings in the case, in
allocating the burden of proof as to severance damages, and defendants offered substantial evidence that should
have been presented to a jury in determining the amount of just compensation.
(Property Tax and Domestic Partners - eff. 2006-7 fiscal year)
Beginning the lien date for the 2006-07 fiscal year, SB 565 permits registered domestic partners to transfer property to
each other without triggering a reassessment and taxation at the current market value. As a result, registered
domestic partners will be treated the same as spouses under California property tax laws.
Federal Estate Tax Changes Take Effect In 2006
Mortgagee Letter 2005-19 (ML 05-19) announced the Streamlined (k) Limited Repair Program to augment FHA's
existing Section 203(k) rehabilitation program for less extensive repairs and improvement. This Mortgagee Letter
replaces in its entirety ML 05-19 and is designed to make the program more reflective of the desire of many
homebuyers and existing homeowners to improve their homes including making them more energy efficient...
FEATURE: 2005 COST vs. VALUE REPORT Remodeling's Payoff Residential Appraisal
Minor Kitchen Remodel
Project Description: In a functional but dated 200-square-foot kitchen with 30 linear feet of cabinetry and countertops,
leave cabinet boxes in place but replace fronts with new raised-panel wood doors and drawers. Replace wall oven
and cooktop with new energy-efficient models. Replace laminate countertops. Install midpriced sink and faucet.
Repaint trim, add wall covering, and replace existing flooring with resilient flooring. Commercial Appraiser
ADMINISTRATIVE LAW, ENVIRONMENTAL , GOVERNMENT , PROPERTY & REAL ESTATE, TAX
Martin v. City & County of San Francisco, No A107768 (Cal. 1st App. Dist. December 30, 2005)
A municipality may not lawfully require the owner of a private single-family residence who proposes to modify a portion
of the interior of his residence, in an area not visible to the general public, to undergo the burden and expense of a
review of his proposed project pursuant to the California Environmental Quality Act.
CIVIL PROCEDURE, CONTRACTS, INJURY AND TORT , INSURANCE , & REAL ESTATE
Davaloo v. State Farm Ins. Co., No B171352, B171353 (Cal. 2d App. Dist. December 30, 2005)
Orders of dismissal of plaintiffs' complaints containing claims for policy benefits against insurers for losses caused
by the Northridge earthquake is affirmed since the relation-back doctrine cannot be used to find plaintiffs' first
amended complaints timely filed under a revival statute.
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link to the Discussion, should you wish to discuss your "homework" with other students (don't worry: there aren't any
tests!). The links take you directly to landscape design and maintenance tips. All in all, just about the right dose of
landscape design talk to enjoy over a cup of coffee. To sign up for free, click the link above.
CIVIL PROCEDURE, DEBT COLLECTION, PROPERTY & REAL ESTATE
Ung v. Koehler, No. A109532 (Cal. 1st App. Dist. December 28, 2005)
Civil Code section 882.030, a provision of the Marketable Record Title Act, does not override the 10 or 60 year time
limits for the exercise of a power of sale in a deed of trust from the "final maturity date" of the underlying debt. Further,
once the beneficiary of a deed of trust has become entitled to claim the 60-year time limit, the beneficiary does not
lose that entitlement merely by filing a notice of default that specifies the "final maturity date" of the underlying debt.
ATTORNEY'S FEES, CONSTRUCTION, GOVERNMENT , & REAL ESTATE
City & County of San Francisco v. Jen, No A107911 (Cal. 1st App. Dist. December 29, 2005)
Award of attorneys fees to plaintiff-municipality is affirmed as to claims of public nuisance, violation of state housing
law, failure to comply with an abatement order, and unlawful business practices where the trial court properly awarded
fees and costs to plaintiff under the State Housing Law.
COMMERCIAL PROPERTY , CONTRACTS, INJURY AND TORT , LANDLORD TENANT , PROPERTY & REAL ESTATE,
RETAIL
Hinesley v. Oakshade Town Ctr., No C045865 (Cal. 3d App. Dist. December 29, 2005)
Summary judgment for defendant on plaintiff's complaint for fraud and rescission of his commercial lease with
defendant is affirmed where defendant successfully demonstrated no triable issue of fact existed as to whether
plaintiff justifiably relied on any material misrepresentation or concealment.
ADMINISTRATIVE , GOVERNMENT , INJURY AND TORT , & REAL ESTATE, WATER
Brady v. Abbott Labs., No. 04-15257 (9th Cir. December 29, 2005)
Judgment for plaintiffs on negligence and nuisance claims regarding defendant's illegal removal of groundwater from
their property and subsequent resulting damages to plaintiffs' adjacent property is reversed where defendant owed
plaintiff's no duty under the common law doctrine of reasonable use. Commercial Appraiser
ENVIRONMENTAL , GOVERNMENT , PROPERTY & REAL ESTATE, REMEDIES
Butler v. City of Palos Verdes, No B177260 (Cal. 2d App. Dist. December 28, 2005)
Judgment for plaintiffs in an action to enjoin a municipality's peafowl management program is reversed since the
peafowl management program does not violate certain deed restrictions under which title to the parklands and
canyons was taken by defendant-municipality.
Two Pennsylvania residents were indicted on charges of bank fraud, mail fraud and making false statements on loan
applications in connection with alleged mortgage fraud schemes said to have taken place in 2002 and 2003.
Crooked REAL ESTATE appraisers fuel scams. Stolen identities used in mortgage swindles.
By David Jackson
Tribune staff reporter
Published December 14, 2005
This story contains corrected material, published Dec. 16, 2005. A loose network of crooked real estate appraisers is
stealing the identities of legitimate colleagues to file false reports and fuel the surge of mortgage fraud in Chicago
and across the nation.
2006 Real Estate Capital Markets Industry Outlook Top Ten Issues
The U.S. economy is expanding, now at a slower rate, and investments are on the increase again. The economy
appears poised for continued positive growth in 2006. Interest rates remain relatively low and, contrary to conventional
wisdom, are not increasing as quickly as expected, creating the famous “conundrum” in the economy. Yet a number of
concerns remain on the horizon, especially with the budget and trade deficits; selected residential “bubbles;” post
hurricane Katrina, Rita and Wilma impacts; along with the Iraqi war.
The California Housing Finance Agency has announced changes in servicing release requirements of first mortgage
loans made in conjunction with a HiCAP subordinate loan.
Supreme Court of California
ADMINISTRATIVE , CONSTRUCTION, GOVERNMENT , PROPERTY & REAL ESTATE
Barratt Am., Inc. v. City of Rancho Cucamonga, No S117590 (Cal. December 22, 2005)
Grant of a demurrer for municipal defendant in an action regarding plaintiff's challenge, under the Mitigation Fee Act, to
fees imposed relating to development projects is reversed to the extent that the court erred in determining that plaintiff
could not challenge the validity of a resolution reenacting a fee previously set forth in an earlier resolution.
ATTORNEY'S FEES, CONTRACTS, PROPERTY & REAL ESTATE
Paul v. Schoellkopf, No B170379.PDF (Cal. 2d App. Dist. April 05, 2005) A provision for attorney fees in escrow
instructions, limited to fees incurred by the escrow company in collecting for escrow services, does not apply to other
disputes between the buyer and seller over their land sale contract. To read the full text of this opinion, go to:
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b170379.pdf
GOVERNMENT , PROPERTY & REAL ESTATE
Hafen v. County of Orange, No G033970A (Cal. 4th App. Dist. April 05,
2005) The Superior Court improperly compelled defendant-County to issue a grading permit, which allowed plaintiffs
to grade four parcels of real property, since the applicable zoning and grading regulations require a site plan to be
obtained before a grading permit can be issued. To read the full text of this opinion, go to:
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/g033970A.pdf
WHAT'S NEW?
Condominiums: Determining Project Acceptance
This publication provides lenders and others involved in the Fannie Mae condominium project acceptance process
with the information they need to determine condo project eligibility, identify and underwrite condos that qualify for
lender-delegated project acceptance, identify and underwrite condos that require Fannie Mae project acceptance, and
request project acceptance from Fannie Mae.
Download Interactive Publication Order Form (.pdf, 845K, 1 page)
2005 edition: 58 pages; CT164
$15 Fannie Mae seller/servicers/$25 all others
Housing Cooperatives: Determining Project Acceptance
This publication provides lenders and others involved in the Fannie Mae housing cooperative (co-op) project
acceptance process with the information they need to determine co-op project eligibility, identify and underwrite co-
ops that qualify for lender-delegated project acceptance, identify and underwrite co-ops that require Fannie Mae
project acceptance, and request project acceptance from Fannie Mae.
Download Interactive Publication Order Form (.pdf, 845K, 1 page)
2005 edition: 71 pages; CT165
$15 Fannie Mae seller/servicers/$25 all others
Planned Unit Developments: Determining Project Acceptance
This publication provides lenders involved in the Fannie Mae planned unit development (PUD) project acceptance
process with the information they need to identify and underwrite PUDs that qualify for lender-delegated project
acceptance, identify and underwrite PUDs that require Fannie Mae project acceptance, and request project
acceptance from Fannie Mae.
Download Interactive Publication Order Form (.pdf, 845K, 1 page)
2005 edition: 41 pages; CT166
$15 Fannie Mae seller/servicers/$25 all others
American Mortgage Specialists, Inc. Mortgage Bank Disapproved Appraiser List
American Mortgage Specialists, Inc. has determined, for various reasons of it's own, that it will not currently accept
appraisals from the following appraisers. Please draw no conclusions from an individual's name being present or
absent from this, real estate appraiser, list.
New Energy Efficiency Tax Incentive Bill Introduced in Congress
BOMA International supports extension bill giving building owners and managers more incentives
(WASHINGTON, DC—March 9, 2007) The Building Owners and Managers Association (BOMA) International
applauded the introduction of a new bill in the House and Senate yesterday (S. 822, House number not available yet)
which, if passed, would extend and expand the energy efficient tax incentives for building owners and managers
provided in the 2005 Energy Act.
The EXTEND the Energy Efficiency Tax Incentives Act (“EXTEND”) was introduced on March 8, 2007 in both the House
and the Senate. This legislation extends the Act until the end of 2012 and increases the deduction to $2.25/sf, or $0.75
/sf for partial credit for each of the three subsystems of the building (lighting; HVAC and hot water; and building
envelope). The current law allows building owners and managers to receive an accelerated deduction of up to $1.80
/sf for energy efficient upgrades that exceed ASHRAE 90.1 (2001) by 50 percent. Partial credit of up to $0.60/sf is
available for energy efficiency upgrades to each of the three main subsystems of the building that exceed ASHRAE
90.1 by 16 2/3 percent (1/3 of 50%). The incentives apply to energy efficient upgrades placed in service between 1/1/06
and 12/31/08.
File : IRS_Tax Appraisal-Issues022206article.pdf
Description : IRS Tax Appraisal Issues
CONSTRUCTION, ENVIRONMENTAL LAW, GOVERNMENT LAW, PROPERTY LAW & REAL ESTATE, WATER LAW
Vineyard Area Citizens for Responsible Growth, Inc. v. City of Rancho Cordova, No. S132972 (Cal. February 01, 2007)
A ruling against plaintiffs in their challenge to a county's approval of a community plan for a large, mixed-use
development project, and a specific plan for a portion of the development, is reversed pursuant to their claims arising
under the California Environmental Quality Act (CEQA) that: 1) an environmental impact report (EIR) prepared for the
plans failed to adequately identify and evaluate future water sources for the development; and 2) potential impacts on
migratory salmon in a certain river, disclosed in the Final EIR, should instead have been incorporated in a revised
Draft EIR and recirculated for public comment.
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CALIFORNIA ENACTS FIRST US BAN ON DRY-CLEANING CHEMICAL
Associated Press
California regulators have enacted the United States' first statewide ban on the most common chemical used by dry
cleaners, pleasing environmentalists but worrying some small businesses.
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ch=LP&legaltopic=1&legalissue=121&search=exp&law=lawyer
ADMINISTRATIVE LAW, GOVERNMENT LAW, MANUFACTURING, PROPERTY LAW & REAL ESTATE
Neilson v. City of Cal. City, No F049143 (Cal. 5th App. Dist. January 09, 2007)
Judgments finding amendments to defendants' redevelopment plan, resulting in the building of an automobile test
track facility on desert land, to be valid, are reversed as defendants interpreted California's Community
Redevelopment Law erroneously when it found that the lack of legal and physical access to a right-of-way meant the
subject lots were of irregular form and shape and, thus, approval of the redevelopment plan is invalid.
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BANKING LAW, PROPERTY LAW & REAL ESTATE
Wachovia Bank v. Lifetime Indus., Inc., No E037560 (Cal. 4th App. Dist. December 15, 2006)
Evidence that an optionee has obtained title to property that is the subject of the option is not sufficient to extinguish an
intervening lien when there is no evidence that the optionee's title was obtained pursuant to the option.
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CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE, EVIDENCE, SENTENCING
People v. Brandon, No B186361 (Cal. 2d App. Dist. December 15, 2006)
Convictions on several sex-related crimes including pimping, pandering, forcible rape, false imprisonment, and
aggravated sexual assault of a child, among others, with finding of personal use of a deadly weapon, are affirmed
over claims that: 1) a victim was improperly permitted to testify with her face partially covered; 2) opinion testimony
concerning pimping strategies was erroneously admitted; 3) defendant was denied effective assistance of counsel; 4)
there was insufficient evidence to support false imprisonment conviction; and 4) various sentences must be stayed.
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ATTORNEY'S FEES, CIVIL PROCEDURE, CONSTRUCTION, PROPERTY LAW & REAL ESTATE
Wakefield v. Bohlin, No H028310 (Cal. 6th App. Dist. December 15, 2006)
In an action arising out of the purchase of a home, post-judgment award of attorney fees and costs to defendants,
based on the court's determination that they were prevailing parties, is reversed as: 1) plaintiff categorically qualifies
as a prevailing party entitled to recover his litigation costs; 2) one defendant is not a prevailing party unentitled to
recover costs; and 3) since the defendants have a unity of interest in this litigation, the other defendant is not
categorically a prevailing party, and any cost award in her favor is discretionary and subject to apportionment.
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CIVIL PROCEDURE, CONSTRUCTION, CONTRACTS, INJURY AND TORT LAW, PROPERTY LAW & REAL ESTATE
Kelly v. Haag, No D047231 (Cal. 4th App. Dist. December 15, 2006)
In negligence and fraud case involving the demolition and construction of a condominium, judgment in favor of plaintiff
with awards of compensatory and punitive damages, is reversed to the extent substantial evidence does not support
the trial court's assessment of punitive damages against defendant.
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Neilson v. City of Cal. City, No. F049143 (Cal. 5th App. Dist. January 09, 2007)
Judgments finding amendments to defendants' redevelopment plan, resulting in the building of an automobile test
track facility on desert land, to be valid, are reversed as defendants interpreted California's Community
Redevelopment Law erroneously when it found that the lack of legal and physical access to a right-of-way meant the
subject lots were of irregular form and shape and, thus, approval of the redevelopment plan is invalid.
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The Guadalupe-Blanco River Authority ("the Authority") questions whether Marvin Kraft, Sr., demonstrated that his
expert witness's real estate appraisal opinion was reliable under Gammill v. Jack Williams Chevrolet, Inc. See
Footnote 1 Kraft responds that his expert used the judicially approved comparable sales methodology to arrive at his
opinion. But the expert based his opinion on local sales that were not comparable to the condemned land. Therefore
his opinion was not reliable, and the trial court abused its discretion by admitting his testimony. Because the court of
appeals held otherwise, See Footnote 2 we reverse that court's judgment and remand this case to the trial court.
Big Creek Lumber Co. v. County of Santa Cruz, No S123659 (Cal. June 29, 2006)
County zoning ordinances relating to the permissible locations for timber operations are not preempted by state
forestry statutes.
Save Our Neighborhood v. Lishman, No C049525 (Cal. 3d App. Dist. June 28, 2006)
In a dispute involving a city's approval of a project for the construction of a hotel, gas station, and convenience store
complex, a judgment denying plaintiffs' petition for writ of mandate is reversed where a city's reliance on an addendum
to a mitigated negative declaration for the project violated the California Environmental Quality Act (CEQA).
Carson Redevelopment Agency v. Padilla, No B184629 (Cal. 2d App. Dist. June 28, 2006)
In the context of Government Code section 1090, disgorgement of benefits received under a void contract is automatic.
Summary judgment for plaintiff-agency is affirmed on its complaint to recover amounts paid to defendants through a
public contract that was approved and signed only after they paid extortion money to a city's former mayor pro tempore.
Schneider v. California Coastal Comm'n, No B186149 (Cal. 2d App. Dist. June 28, 2006)
The Legislature has not recognized an ocean boater's "right to a view" of the coastline as a factor in regulating
development.
Peak Invs. v. S. Peak Homeowners Ass'n, Inc., No G035851 (Cal. 4th App. Dist. June 28, 2006)
The Davis-Stirling Common Interest Development Act requires that a proposed amendment to a homeowners
association's declaration of covenants, conditions, and restrictions (CC&Rs) be approved by at least a simple majority
of the total votes in the homeowners association before a trial court can reduce the voting percentage requirement set
by the CC&Rs.
City of Santa Monica v. Gonzalez, No B182104, B184549 (Cal. 2d App. Dist. June 27, 2006)
Orders appointing a receiver, denying petitioner's motion for reconsideration, and granting the receiver's application to
take specified actions are affirmed in an action brought by the city against a property owner for numerous code
violations. Further, the owner's petition for a writ of mandate/prohibition is denied, and a stay of the proceedings in the
trial court is vacated.
Courts
Appraisers blamed in bank losses
By Rebecca S. Green
The Journal Gazette
Hicksville Bank filed another lawsuit against area appraisers, this
time alleging appraisal errors on 48 properties that have cost the bank more
than $1 million. According to the lawsuit, a number of area appraisers and appraisal
companies - Glenn Howard, Howard Group Appraisals, Sterling Realtors &
Appraisers LLC, Patrick A. Early, Early Appraisal Services Inc. and
Aaron Rollins - appraised a total of 48 properties since July 2002 with a
collective value of $2,071,000.
Commercial Real Estate Convention & Trade Show
This is the link to information on the June 2006 Commercial Source
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Commercial Real Estate professionals, Virtual Trade Show Floor and
Exhibitor Prize Drawings! And to top it off it's all virtual and
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exhibiting to:
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Kindest regards,
Convention Staff
Commercial Source On-Line Convention & Trade Show
California Appellate Districts
ADMINISTRATIVE , GOVERNMENT , PROPERTY & REAL ESTATE, TAX
People ex rel. Strumpfer v. Westoaks Inv., No B178628 (Cal. 2d App. Dist. May 23, 2006)
Revenue and Taxation Code section 4985.2(c) was only intended by the Legislature to authorize tax collectors and
auditors to obey court orders directing them to cancel tax delinquency penalties, costs and other charges, and
therefore such orders for cancellation must be based on some statutory authority other than section 4985.2(c).
Subdivision (c) is not a grant of independent judicial authority to relieve taxpayers of liability for tax delinquency
penalties.
Insurance Appraiser, Insurance Appraisal, commercial appraiser, commercial appraisal Los Angeles, Expert Witness Real Estate, LA, L.
A., Southern California
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Los Angeles Commercial Appraiser, LA Commercial Appraiser,
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angeles, land appraiser los angeles, commercial real estate inspectors, real estate brokers, los angeles, real estate appraiser, Appraiser
Los Angeles, llp appraisal, mark to marker appraisal, Commercial Land Appraiser, Special Purpose Property Appraiser, Office Property
Appraiser, Commercial appraisal, Restaurant Appraiser, Apartment Appraiser Los Angeles, Commercial Real Estate Appraiser los
angeles, VANDEMA, Southern California Commercial Real Estate Appraiser, Residential Appraiser, Apartment Appraiser, Commercial
Appraisal,California Appraiser,PMI Removal Appraiser, Free Appraisal, Certified General Appraiser, Tax Appraiser, Multi Family
Appraiser, Bank Appraiser, appraisal institute, expert witness,
ADMINISTRATIVE , PROPERTY & REAL ESTATE, TAX
Silveira v. County of Alameda, No A108702 (Cal. 1st App. Dist. May 23, 2006)
Summary judgment in favor of defendant is affirmed where assessor's recommended values were the fair market
values of the possessory interests for the tax years at issue, over claims that plaintiff is entitled to refunds as he could
not lawfully be taxed based on a term of possession longer than one month.
The “Anderson Initiative” is one of four ballot measures seeking to restrict the use of eminent domain by public
agencies that have been cleared for circulation by the Secretary of State. Proponents of the Anderson Initiative are now
in the process of gathering signatures. Under the Secretary of State’s guidelines for qualifying ballot measures,
proponents have until early May to turn in the requisite number of valid signatures (598,105) to qualify for the
November 2006 ballot or until mid-July to qualify for the June 2008 ballot.
COMMUNICATIONS , CONSTRUCTION, GOVERNMENT , PROPERTY & REAL ESTATE
Sprint PCS Assets, L.L.C. v. City of La Canada Flintridge, No. 05-55014 (9th Cir. May 23, 2006)
Summary judgment in favor of defendant-municipality upholding certain permit denials involving wireless
telecommunications facilities based on aesthetic impact is reversed where defendant overstepped its regulatory
authority under state law, its wireless ordinance was not viable, and no evidence supported the permit denials.
(Amended opinion.)
BANKING , CIVIL PROCEDURE, CONSTITUTIONAL , DEBT COLLECTION, GOVERNMENT , PROPERTY & REAL
ESTATE
Quicken Loans, Inc. v. Wood, No. 04-16244, 04-16312 (9th Cir. May 22, 2006)
The Alternative Mortgage Transaction Parity Act (Parity Act), 12 U.S.C. sections 3801-06, does not preempt California's
pre-amendment per diem loan interest statutes as applied to alternative mortgage transactions.
ADMINISTRATIVE , CONSTRUCTION, PROPERTY & REAL ESTATE
Mahon v. County of San Mateo, No A110171 (Cal. 1st App. Dist. May 18, 2006)
Summary judgment in favor of defendant county, in action seeking declaration that development permit applications
were deemed approved under the Permit Streamlining Act, is affirmed over claim that the trial court erred in finding
that the notice given by defendant was not the "public notice required by law" necessary for deemed approval under
the statute.
CIVIL PROCEDURE, PROPERTY & REAL ESTATE
Slintak v. Buckeye Retirement Co., No. B182875 (Cal. 2d App. Dist. May 16, 2006)
Summary judgment in favor of cross-complainant for quiet title and cancellation of a deed of trust, based on running of
statute of limitations under Marketable Record Title Act, is reversed where the filing of lis pendens in separate but
related litigation prevented the running of the statute.
ADMINISTRATIVE , CIVIL PROCEDURE, CONSTITUTIONAL , GOVERNMENT , LANDLORD TENANT , PROPERTY &
REAL ESTATE
Los Altos El Granada Investors. v. City of Capitola , No H027860 (Cal. 6th App. Dist. May 17, 2006)
Sustaining of demurrer without leave to amend and denial of writ petition, in case involving mobile home rent control
ordinance, defendant city's rejection of plaintiff's application to increase rent at mobile home park, and claims for
inverse condemnation and unconstitutional taking of property, is reversed where the trial court erred in applying a due
process test in determining the takings claim, and in precluding plaintiff from amending its as-applied takings, equal
protection, and due process claims when they were ripe.
CIVIL PROCEDURE, CIVIL RIGHTS, EVIDENCE, GOVERNMENT , PROPERTY & REAL ESTATE
Manta Mgmt. v. City of San Bernardino, No. E036942 (Cal. 4th App. Dist. May 11, 2006)
Judgment for plaintiff for damages incurred as a result of a preliminary injunction obtained to enforce a zoning
ordinance prohibiting operation of an adult cabaret is affirmed over claims that: 1) damages are available for a
wrongfully issued preliminary injunction only if a bond has been posted or if the party wrongfully enjoined prevails in a
separate action for malicious prosecution; 2) award of damages is not supported by substantial evidence because
there was no factual basis for separating legal profits from profits derived from prostitution; and 3) because a large
portion of plaintiff's profits are from activities in violation of a city ordinance, the court erred in excluding any evidence
concerning the ordinance.
New York Court of Appeals
Bates Advertising USA, Inc. v. 498 Seventh, LLC (05/11/06 - No. 62)
Judgment that defendant landlord breached lease with plaintiff by failing to timely provide the required Class E fire
alarm and communications and award of rent abatement credits to plaintiff is affirmed over claims that: 1) lease was
not breached; and 2) rent abatement clause is illegitimate and unenforceable.
CIVIL PROCEDURE, PROPERTY & REAL ESTATE
Conservatorship of Hume, No G035599 (Cal. 4th App. Dist. May 10, 2006)
Order approving final accounting by the county public guardian as conservator for appellant's now-deceased father is
reversed where the accounting failed to include the father's interests in certain real property in Tennessee.
CIVIL PROCEDURE, DEBT COLLECTION, PROBATE, TRUSTS & ESTATES
Estate of Myers, No. G035355 (Cal. 4th App. Dist. May 10, 2006)
Summary judgment disposing of creditor's petition to recover profits from sale of real property is reversed where
probate court erred in finding: 1) creditor lacked standing to pursue an order under Probate Code section 850; 2)
creditor failed to exhaust his right to require the executrix of the estate to pursue the claim under Probate Code section
9653; and 3) his claim was barred by the applicable statutes of limitations.
CONSTRUCTION, ENVIRONMENTAL , GOVERNMENT , PROPERTY & REAL ESTATE
Banker's Hill, Hillcrest, Park West Cmty. Pres. Group v. City of San Diego , No D046360A (Cal. 4th App. Dist. May 09,
2006)
Defendant city properly determined that the proposed development of a 14-story residential building is exempt from
CEQA under a categorical exemption for urban in-fill development projects set forth in the Guidelines for
Implementation of CEQA.
ADMINISTRATIVE , CIVIL PROCEDURE, CONSTITUTIONAL , ENVIRONMENTAL , GOVERNMENT , PROPERTY &
REAL ESTATE
Benson v. Cal. Coastal Comm'n, No B186125 (Cal. 2d App. Dist. May 09, 2006)
Plaintiff was not denied due process where written notice of hearing to be held by defendant was adequate and
plaintiff could not reasonably rely on defendant's staff's recommendations and comments about whether to appear at
the hearing.
PROPERTY & REAL ESTATE
Preciado v. Wilde, No B182257 (Cal. 2d App. Dist. May 09, 2006)
Judgment in favor of defendant on quiet title action is affirmed where plaintiff did not establish title by adverse
possession.
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, DC 20410-8000
ASSISTANT SECRETARY FOR HOUSING-FEDERAL HOUSING COMMISSIONER May 4, 2006
MORTGAGEE LETTER 2006- 9 TO: ALL APPROVED MORTGAGEES, & ALL APPROVED APPRAISERS
SUBJECT: Revisions to Appendices A and C to Handbook 4150.2 Change 1, Valuation Analysis for Home Mortgage
Insurance for Single Family One- to Four- Unit Dwellings
Cordry v. Vanderbilt Mortgage & Fin., Inc. (04/28/06 - No. 05-2778)
In a dispute between an operator of mobile home retail sales lots and a financing company, summary judgment for
defendant-financing company on all of plaintiff's claims and its counterclaim is affirmed over claims of error relating to:
1) breach of an addendum; 2) fraudulent or negligent misrepresentation; 3) breach of the implied covenant of good
faith and fair dealing; and 4) the counterclaim for breach of contract.
California Appellate Districts
Pacific Shore Funding v. Lozo (04/27/06 - No. B178694)
Summary judgment in favor of plaintiff mortgage lender is reversed as defendant borrowers are not precluded from
rescinding a consumer credit transaction that is secured by their residence and subject to the Truth In Lending Act
merely because they have already refinanced that loan.
RISMEDIA, May 2, 2006—(KRT)—The Pennsylvania attorney general's office has moved to shut down a statewide
operation that it says preys on the elderly by tricking them into buying estate planning products they don't need,
including living trusts and deferred annuities.
COMMERCIAL , CONTRACTS, OIL & GAS , PROPERTY & REAL ESTATE
BP W. Coast Prods. LLC v. May, No. 05-15076 (9th Cir. May 01, 2006) Summary judgment for plaintiff finding that it did
not violate the Petroleum Marketing Practices Act when it sold its interests in gas facilities operated defendants' and
non-renewed its franchise relationships with them is affirmed where plaintiff acted in good faith and in the normal
course of business when it determined to sell the facilities.
BANKING , CONSUMER PROTECTION , CONTRACTS, PROPERTY & REAL ESTATE
Pacific Shore Funding v. Lozo, No. B178694 (Cal. 2d App. Dist. April 27, 2006)
Summary judgment in favor of plaintiff mortgage lender is reversed as defendant borrowers are not precluded from
rescinding a consumer credit transaction that is secured by their residence and subject to the Truth In Lending Act
merely because they have already refinanced that loan.
BANKING , CONSUMER PROTECTION , CONTRACTS, PROPERTY & REAL ESTATE
Pacific Shore Funding v. Lozo, No B178694 (Cal. 2d App. Dist. April 27, 2006)
Summary judgment in favor of plaintiff mortgage lender is reversed as defendant borrowers are not precluded from
rescinding a consumer credit transaction that is secured by their residence and subject to the Truth In Lending Act
merely because they have already refinanced that loan.
HUD's Economic and Market Analysis Division recently released new Comprehensive Market Analysis Reports on
nine housing market areas: Akron, OH; Albany, NY; Appleton-Oshkosh, WI; Buffalo-Niagara Falls, NY;
Hamilton-Middletown, OH; Harrisburg-Lebanon, PA; Las Vegas, NV; San Diego, CA; and Vallejo-Fairfield, CA.
CIVIL PROCEDURE, ETHICS & PROFESSIONAL RESPONSIBILITY, PROPERTY LAW & REAL ESTATE
Stevenson Real Estate Servs., Inc. v. CB Richard Elllis Real Estate Servs., Inc., No B179798 (Cal. 2d App. Dist. April
26, 2006) Judgment on the pleadings in favor of defendant is affirmed to the extent the first amended complaint failed
to state a claim, however, plaintiff should be granted leave to amend to attempt to plead a claim based on defendants'
alleged violation of the rules of an association of realtors.
Insurance Appraiser, Insurance Appraisal, Appraiser Los Angeles, Los Angeles Appraiser, commercial appraiser,
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Southern California Commercial Real Estate Appraiser, Residential Appraiser, Apartment Appraiser, Commercial
Appraisal,California Appraiser,PMI Removal Appraiser, Free Appraisal, Certified General Appraiser, Tax Appraiser,
Multi Family Appraiser, Bank Appraiser
U.S. 6th Circuit Court of Appeals
Albert M. Higley Co. v. N/S Corp. (04/17/06 - No. 05-3393)
Denial of defendant's motion to stay litigation and compel arbitration is affirmed in a contract dispute between a
primary contractor and a subcontractor where an arbitration clause in the parties' contract allowed plaintiff to retain
discretion over when to decide a dispute through arbitration.
http://caselaw.lp.findlaw.com/data2/circs/6th/053393p.pdf
Barrett v. JP Chase Morgan Bank, N.A. (04/18/06 - No. 05-5035, 05-5146)
Summary judgment for defendant-lender on rescission claims under the Truth in Lending Act involving alleged
failures of disclosure regarding plaintiffs' loan refinancing is reversed where the district court erred in finding that
plaintiffs' act of refinancing extinguished their unexpired right to rescind the loan transaction and recover related fees.
http://caselaw.lp.findlaw.com/data2/circs/6th/055035p.pdf
LEGISLATIVE COUNSEL'S DIGEST
AB 2416, as introduced, Torrico Consumer loans: appraisal fees.
Existing law, the California Finance Lenders Law, provides for the licensure and regulation by the Commissioner of
Corporations of those engaged in making consumer loans and makes a willful violation of the law a crime. Under
existing law, an appraisal fee may be charged by a licensee on any loan made that is secured by real property if
specified requirements are satisfied. Existing law provides that only one fee for appraising the same real property may
be collected unless the borrower has obtained a new or additional loan and more than one year has elapsed since
the prior appraisal.
California Appellate Districts
Kelton v. Stravinski (04/20/06 - No. F047031) Judgment for cross-defendant in action involving covenant not to
compete is affirmed as such covenant violates Business and Professions Code section 16600 and is unenforceable
as a matter of law.
16600. Except as provided in this chapter, every contract by which anyone is restrained from engaging in a lawful
profession, trade, or business of any kind is to that extent void.
U.S. 6th Circuit Court of Appeals
Albert M. Higley Co. v. N/S Corp. (04/17/06 - No. 05-3393) Denial of defendant's motion to stay litigation and compel
arbitration is affirmed in a contract dispute between a primary contractor and a subcontractor where an arbitration
clause in the parties' contract allowed plaintiff to retain discretion over when to decide a dispute through arbitration.
Barrett v. JP Chase Morgan Bank, N.A. (04/18/06 - No. 05-5035, 05-5146) Summary judgment for defendant-lender on
rescission claims under the Truth in Lending Act involving alleged failures of disclosure regarding plaintiffs' loan
refinancing is reversed where the district court erred in finding that plaintiffs' act of refinancing extinguished their
unexpired right to rescind the loan transaction and recover related fees.
AN IMPORTANT E-NEWS ANNOUNCEMENT FROM CalHFA:
The California Housing Finance Agency has announced updated income limits in high housing cost areas effective
April 20, 2006. For detailed information see Program Bulletin #2006-08 at CalHFA’s web site.
California Appellate Districts
CIVIL PROCEDURE, CONSTRUCTION, GOVERNMENT , PROPERTY & REAL ESTATE
Branciforte Heights v. City of Santa Cruz, No H028864 (Cal. 6th App. Dist. April 19, 2006)
Writ compelling defendant city to allow a private open space credit against the park fees exacted from plaintiff
developer is reversed in the absence of a local ordinance providing for such a credit. Moreover, Government Code
section 66477 does not create the direct right to receive a private open space credit that is enforceable by a traditional
writ of mandate.
Palmieri v. Allstate Ins. Co. (04/13/06 - No. 05-1920)
In contract dispute over flood insurance policy, 42 U.S.C. section 4072 provides jurisdiction. Prejudgment interest may
not be awarded against private insurers acting as fiscal agents of the federal government under the National Flood
Insurance Act.
Travelers Prop. Cas. Co. of Am. v. Liberty Mutual Ins. Co. (04/12/06 - No. 05-1226)
Grant of summary judgment in favor of defendant in contribution action between insurers is reversed, and district
court's argument, that the contract between the property manager and the property owner somehow abrogated
defendant insurer's independent contractual obligation to provide coverage to the property manager, is rejected.
Terra Venture, Inc. v. JDN Real Estate (04/10/06 - No. 04-3492)
Summary judgment for defendants on all claims arising from a contract to develop certain property is affirmed over
claims of error regarding findings that: 1) defendants had no duty to develop the property; 2) they had no duty to
develop the project within a specific time under the implied covenant of good faith and fair dealing; and 3) there was
no fiduciary relationship between the parties.
CIVIL PROCEDURE, INSURANCE , PROPERTY & REAL ESTATE
Mid-Century Ins. Co. v. Superior Ct. (Bandek), No B186140 (Cal. 2d App. Dist. April 14, 2006)
Order denying motion for judgment on the pleadings is upheld and plaintiff's case may proceed where a demurrer
was sustained without leave to amend solely by virtue of the statute of limitations, and the time for direct attack on the
judgment has passed, but the case is not litigated to finality under Code of Civil Procedure section 340.9(d)(1).
CIVIL PROCEDURE, INSURANCE , PROPERTY & REAL ESTATE
Ashou v. Liberty Mutual Fire Ins. Co., No B179641 (Cal. 2d App. Dist. April 14, 2006)
Judgment of dismissal in favor of defendant insurer is reversed as defendant's reopening and reconsideration of an
earthquake claim tolls the revived one-year period to bring earthquake claims set forth in Code of Civil Procedure
section 340.9.
ADMINISTRATIVE , BANKRUPTCY , CIVIL PROCEDURE, INDIAN , PROPERTY & REAL ESTATE
Harrison v. Emerald Outdoor Adver., LLC, No. 04-35647 (9th Cir. April 13, 2006)
A determination that a bankruptcy debtor's lease in certain tribal land had priority over a deed of trust, since it was
recorded in the BIA Title Plant before the deed, is reversed where federal law points to state law to determine priority.
Under a state's race-notice statute, priority was obtained by recording in the county in which the land was located.
ADMINISTRATIVE , ENVIRONMENTAL , GOVERNMENT , PROPERTY & REAL ESTATE
Mineral Ass'ns Coalition v. State Mining & Geology Bd, No C049201 (Cal. 3d App. Dist. April 12, 2006)
A regulation, requiring the Director of the Dep't of Conservation to concur in any lead agency determination that a mine
operator has fulfilled the terms of his reclamation plan and that the financial assurance instruments securing his
obligation to reclaim lands shall be released, was within defendant's authority and consistent with the Surface Mining
and Reclamation Act of 1975.
BANKRUPTCY , PROPERTY & REAL ESTATE, TRANSPORTATION
Norfolk S. Ry. Co. v. Consol. Freightways Corp., No. 04-55717 (9th Cir. April 10, 2006)
Dismissal of a complaint claiming that bankruptcy debtor, an interstate motor carrier, held certain funds in trust for
plaintiff, an interline freight railroad, under the "interline trust doctrine" is affirmed since the creation of a new federal
common law rule imposing a constructive trust for the payment of interline balances in bankruptcy was not justified.
EVIDENCE, GOVERNMENT , INSURANCE , PROPERTY & REAL ESTATE
California State Auto. Ass'n Inter-Ins. Bureau v. City of Palo Alto, No H027980 (Cal. 6th App. Dist. April 10, 2006)
Decision finding defendant City not liable for property damage resulting from a sewage backup into a private home
under the theory of inverse condemnation is reversed where the trial court erred in requiring the plaintiff to prove fault.
California Appellate Districts
CONSTITUTIONAL , GOVERNMENT , LANDLORD TENANT , PROPERTY & REAL ESTATE
Hillsboro Props. v. City of Rohnert Park , No A110441 (Cal. 1st App. Dist. April 06, 2006)
A property owner prevented from charging increased rent by a rent control ordinance eventually ruled unconstitutional
is not entitled to recover the lost rental income, either from its tenants or from the city that imposed the limit, if the
ordinance did not deny the owner a fair return on its investment.
U.S. 6th Circuit Court of Appeals
Minges Creek, L.L.C. v. Royal Ins. Co. of Am. (04/06/06 - No. 05-1313)
Summary judgment for plaintiff, the owner of a shopping center, in a suit against an insurer for indemnification of an
underlying slip-and-fall lawsuit is reversed where: 1) the policy at issue covered premises inside a store, and not the
common areas where the accident occurred; and 2) defendant had no duty to defend against the injured's claims.
http://caselaw.lp.findlaw.com/data2/circs/6th/051313p.pdf
Supreme Court of Texas
Minnesota Life Ins. Co. v. Vasquez (04/07/06 - No. 04-0477)
An award of extra-contractual damages on top of payments made by a mortgage insurer after a bad-faith suit was filed
against it is reversed where there was no evidence that the insurer knew its actions were false, deceptive, or unfair.
County Concrete Corp. v. Township of Roxbury (03/31/06 - No. 05-1680, 05-1865)
Dismissal and summary judgment in favor of defendants, a township and officials, in a dispute over a zoning
ordinance which effectively prevented plaintiffs' sand and gravel removal operations is reversed in part as to: 1)
substantive due process challenges to the ordinance and defendants' obstructive course of conduct; 2) a Fifth
Amendment challenge; 3) a breach of the implied covenant of good faith and fair dealing claim; and 4) tortious
interference and civil conspiracy claims.
Trancas Prop. Owners Ass'n v. Malibu (03/30/06 - No. B174674A)
Denial of petition for writ of mandate to set aside an agreement between plaintiff and defendant is reversed where the
agreement impermissibly attempted to abrogate the city's zoning authority and provisions, and its adoption in a closed
city council session violated Government Code section 54950 et seq. (Brown Act), even though the agreement
included a settlement of litigation.
CONSTRUCTION, CONTRACTS, GOVERNMENT , PROPERTY & REAL ESTATE
Trancas Prop. Owners Ass'n v. Malibu , No B174674A (Cal. 1st App. Dist. March 30, 2006)
Denial of petition for writ of mandate to set aside an agreement between plaintiff and defendant is reversed where the
agreement impermissibly attempted to abrogate the city's zoning authority and provisions, and its adoption in a closed
city council session violated Government Code section 54950 et seq. (Brown Act), even though the agreement
included a settlement of litigation.
GOVERNMENT , PROPERTY & REAL ESTATE, TAX
Dahms v. Downtown Pomona Prop. & Bus. Improvement Dist., No B183545 (Cal. 2d App. Dist. March 30, 2006)
Trial court's rejection of plaintiff's challenge to the creation of a special assessment district in downtown Pomona,
California is affirmed over claims that the city council's hearing on the assessment was premature, the amounts were
not proportional to the benefits conferred, the city did not adequately distinguish between special and general
benefits, and certain findings by the city are not supported by substantial evidence.
Searching for Edina Realty on Google returns a top-of-the-page sponsored link run by TheMLSonline.com, and Edina
Realty has sued the advertiser over use of its trademark. Even though the lawsuit involved Google and keywords, for
once no one has shown up at the Googleplex bearing warm greetings and a stone-cold subpoena. In Edina Realty,
Inc. v. TheMLSonline.com, Marquette law professor Eric Goldman has blogged that the case equates keyword
purchases to trademark infringement.
"That's what makes this case significant. I think this is the first case substantively analyzing a purchaser's liability for
buying a competitor's keyword," he wrote in his post. TheMLSonline.com purchased keywords like "Edina Realty" and
several variations, including misspellings, on both Google and Yahoo. Yahoo recently changed its policy for trademark
purchases, restricting them to being eligible for purchase only by the trademark holder. Google does not do this.
Along with the keyword purchases, TheMLSonline.com also indulged in placing hidden text on its site, Goldman
noted. Phrases like "Edina Realty information presented at TheMLSonline.com" were hidden as white text on a white
background. The impact of the court's initial ruling that the purchase of keywords, though not conventional, is a use in
commerce, could have implications down the road. Goldman believes a couple of key points arose from the ruling.
Read the Full Article
EPA PUBLISHES FINAL RULE ON ALL APPROPRIATE INQUIRIES
The Environmental Protection Agency published a final rule setting federal standards for the conduct of all appropriate
inquiries. The rule was published in the Federal Register on November 1, 2005. The final rule and preamble is
available below.
Private Mortgage Insurance (PMI) New Law Requires Lenders to Cancel PMI
If you are a homeowner, you will want to be aware of a new law that establishes rights for homeowners and rules for
lenders regarding private mortgage insurance (PMI) cancellation. With this knowledge, you may eliminate premiums
you may be paying unnecessarily.
CONSTRUCTION, ENVIRONMENTAL , EVIDENCE, INJURY AND TORT , LANDLORD TENANT , PROPERTY & REAL
ESTATE Geffcken v. D'Andrea , No. B176232 (Cal. 2d App. Dist. March 28, 2006)
Evidentiary rulings and dismissal of causes of action for nuisance and constructive eviction of plaintiffs claiming
exposure to mold mycotoxins are affirmed over claims that the trial court erroneously granted defendants' motions in
limine: 1) to exclude the testimony of one of appellants' two designated experts; 2) to exclude the environmental
sampling data of appellants' other designated expert; 3) to exclude the results of a mycotoxin antibody test and a
blood serology test; and 4) to preclude them from alleging exposure to mycotoxins at the properties in question.
California Appellate Districts
GOVERNMENT , PROPERTY & REAL ESTATE, TAX City of Dinuba v. Tulare Co., No F046252 (Cal. 5th App. Dist.
March 28, 2006) Dismissal of action against county based on immunity under Government Code section 860.2 is
reversed because claim against county, for failing to retroactively distribute overdue property tax revenues to city
redevelopment agency, is not encompassed by the state Tort Claims Act.
CONSTITUTIONAL , PROPERTY & REAL ESTATE, RETAIL
Hernandez v. City of Hanford, No F047536 (Cal. 5th App. Dist. March 28, 2006) Judgment upholding zoning ordinance
to allow department stores with 50,000 or more square feet of floor space to sell furniture on a limited basis while
denying that right to smaller retailer is reversed where disparate treatment of similarly situated retailers based on
square footage is not rationally related to the purpose behind the ordinance and is unconstitutional as a violation of
equal protection.
Announcing the 2006 Western Brownfields Workshop for EPA Brownfields grantees, potential or interested grantees,
grantees' consultants, and federal and state partners. This interactive workshop provides a forum for participants to
learn about working in EPA's Brownfields Program. This year, the open grantee workshop will be held in Tucson,
Arizona on June 6 and 7. Additionally, there will be a half-day orientation session devoted to new grantees in EPA's
Brownfields Program on Monday, June 5th. The workshop is free, but registration is required.
E-mail your registration form and any questions to: WBWregistration@sra.com
REVERSE MORTGAGE A GREAT TOOL FOR RETIREES
California Appellate Districts
PROPERTY & REAL ESTATE, REMEDIES Aaron v. Dunham, No A109488 (Cal. 1st App. Dist. March 27, 2006)
Continuous use of a private road by previous owner of plaintiffs' property since 1982 with express permission, and
from at least 1990 to 1995 without permission, constituted adverse, open, and uninterrupted use sufficient to support
a prescriptive easement, despite claims that original builder of the road, an oil company, posted signs which
precluded the acquisition of prescriptive rights, and use of the road was not adverse.
CIVIL PROCEDURE, FAMILY , PROPERTY & REAL ESTATE
Kohlrautz v. Oilmen Participation Corp., No. 03-16340 (9th Cir. March 27, 2006) Denial of summary judgment for
defendant, receiver for a marital estate, on a third party complaint alleging abuse of process is affirmed where: 1)
state official immunity law applied to the case, 2) Nevada law was applicable, and 3) under Nevada's law of official
immunity for court-appointed receivers, denial of summary judgment was proper.
U.S. 4th Circuit Court of Appeals
Q Int'l Courier, Inc. v. Smoak (03/20/06 - No. 05-1150) Dismissal of a contract and tort action involving an alleged
conspiracy to conceal certain stock appraisals on grounds of res judicata is reversed and remanded where the district
court erred by applying federal law of res judicata rather than Virginia law of res judicata.
Anaheim Gardens v. US (03/24/06 - No. 01-5011, 01-5012) Dismissal of two regulatory takings cases pursuant to a
finding that the claims were unripe for suit because the parties had not obtained a "final decision" from the U.S.
Department of Housing and Urban Development is reversed and remanded for further findings as to evidence of
"administrative futility" that would exempt plaintiffs from exhausting their administrative remedies.
http://caselaw.lp.findlaw.com/data2/circs/fed/015011p.pdf [PDF File]
California Appellate Districts
CONSTRUCTION, GOVERNMENT , LANDLORD TENANT , PROPERTY & REAL ESTATE
Blue v. City of Los Angeles, No B180319 (Cal. 2d App. Dist. March 24, 2006) A judgment validating an amendment to
the Redevelopment Plan for the Hollywood Redevelopment Project is affirmed where was no procedural defect in the
adoption of the first amendment. Substantial evidence supports the finding the project area remains blighted.
GOVERNMENT , HEALTH , LANDLORD TENANT , PROPERTY & REAL ESTATE
Consumer Defense Group v. Rental Housing Indus. Members , No G035101, G035154 (Cal. 1st App. Dist. March 24,
2006) In an action alleging Proposition 65 violations on the part of property owners and managers for failure to warn
tenants about potential health hazards, approval of a settlement between the parties is reversed where affirmance
would nullify the regulations requiring meaningful notice to prosecutorial authorities which differentiate the target
business in Prop. 65 warning litigation from nontarget businesses, so the AG has a genuine opportunity to decide on
behalf of the public whether Prop. 65 litigation is warranted.
CONSTRUCTION, CONTRACTS, ENVIRONMENTAL LAW, INJURY AND TORT LAW
Michael v. Denbeste Trans., No B173832 (Cal. 2d App. Dist. March 24, 2006) The Privette doctrine, from Privette v.
Superior Court (1993) 5 Cal.4th 689, applies in a case where the injured plaintiff is not an employee, but an
independent contractor, hired by another independent contractor.
ATTORNEY'S FEES, PROPERTY LAW & REAL ESTATE
Newmyer v. Parklands Ranch, LLC, No B180461 (Cal. 2d App. Dist. March 24, 2006) The owner of the dominant
tenement possessing over the servient tenement an access easement that includes the right to grant other
easements for "like purposes" may convey to an owner of property adjoining the dominant tenement an enforceable
easement for access over the servient tenement. When a party records a late notice to preserve easement under Civil
Code section 887.070, the attorney fees that can be assessed as a condition to dismissal of an action to establish
the abandonment of an easement may include only those fees incurred in connection with that action for statutory
abandonment, and not the fees incurred otherwise in the proceeding to contest the validity of the easement.
GEORGIA V. RANDOLPH
March 22, 2006 In a 5-3 decision (with Justice Alito abstaining), the U.S. Supreme Court rules that even if a co-
occupant of a residence gives police permission to conduct a warrantless entry, a different co-occupant's physical
presence and stated refusal to permit entry "prevails, rendering the warrantless search unreasonable and invalid as
to him."
Kuperman v. Assessment Appeals Bd. No. 1, No D045751 (Cal. 4th App. Dist. March 20, 2006)
Denial of a petition for a writ of administrative mandamus to set aside a decision finding that a county tax assessor
lacked jurisdiction to consider petitioner's application for a reduction in the base year value of property is affirmed
where petitioner's application was not timely filed under applicable law, and the limitations period at issue does not
violate constitutional due process or equal protection.
California Appellate Districts
CIVIL PROCEDURE, LANDLORD TENANT LAW, PROPERTY LAW & REAL ESTATE Gill Petrolium, Inc. v. Hayer, No
C047075 (Cal. 3d App. Dist. March 15, 2006) Grant of a motion for relief from for relief from the forfeiture of a lease is
affirmed over a claim that the trial court had no jurisdiction to reconsider and modify an award of per diem damages,
because Code of Civil Procedure section 1179 gives a court the authority to relieve a defendant of burdens of a
judgment in an unlawful detainer action.
California Appellate Districts
GOVERNMENT , LANDLORD TENANT , PROPERTY & REAL ESTATE
Pieri v. City & County of San Francisco, No A110571 (Cal. 1st App. Dist. March 16, 2006) A requirement of reasonable
relocation assistance compensation for displaced tenants does not violate the Ellis Act. Grant of a petition for writ of
mandate in a challenge to a municipality's relocation assistance ordinance is reversed where the trial court erred in
concluding that the ordinance facially violated the Ellis Act.
HUD has released the final quarterly report of "U.S. Housing Market Conditions" for 2005, which contains an
analysis of both the fourth quarter and the entire year.
100,000 Units of Affordable Rental Units Created a Year, but 200,000 Rental Units Demolished Annually, According to
Report from Harvard's New Research Initiative
Business Plan, CalARP & Spill/Release Reporting Basic Training OES is once again providing basic program
training. This training is open to government and industry staff that are interested in learning the basics about the
following: ~ Business Plan Program ~ California Accidental Release Prevention (CalARP) Program. Also called the
Risk Management Program ~Hazardous Material Release/Spill Reporting Requirements
This free training will be held at the South Coast AQMD facility in Diamond Bar, California on March 29,
2006. The class is scheduled from 8:45 AM to 3:00 PM. To register, please email Michael Warren at
Michael_Warren@oes.ca.gov or call 916-845-8772 before March 22, 2006.
CONTRACTS, CORP. GOVERNANCE, CORPORATION & ENTERPRISE , INSURANCE , PROPERTY & REAL
ESTATE, SECURITIES TIG Ins. Co. of Michigan v. Homestore, Inc., No B176533 (Cal. 2d App. Dist. March 13, 2006)
Summary judgment for an insurer in an action seeking rescission of defendant-company's directors and officers
liability insurance policy is affirmed over claims regarding: 1) whether the insurer could rescind the policy as to
defendants, directors and officers, who did not sign the application and were unaware of certain misrepresentations;
and 2) whether the elements of rescission under the policy were met.
ATTORNEY'S FEES, CONTRACTS, PROPERTY & REAL ESTATE, WATER Baugh v. Garl, No B176714 (Cal. 2d App.
Dist. March 13, 2006) A judgment permanently enjoining defendant from tapping into plaintiffs' pipeline that carries
water to plaintiffs' property is affirmed over his claims regarding: 1) denial of a jury trial; 2) an award of attorney's fees;
3) a failure to disqualify plaintiffs' counsel; 4) a referee's conflict of interest; and 5) denial of a motion for nonsuit and
directed verdict.
ASSET FORFEITURE, CLASS ACTIONS, CONSTITUTIONAL , GOVERNMENT , PROPERTY & REAL ESTATE Suever v.
Connell, No. 04-15555 (9th Cir. March 14, 2006)
Dismissal of a class action alleging that defendants-state officials improperly seized and retained class property
under state law is vacated where the Eleventh Amendment did not bar the class from suing to obtain its property back
since the complaint alleged that defendants seized and retained class property through ultra vires and
unconstitutional acts.
Oak Park Calabasas Condo. Ass'n v. State Farm Fire & Cas. Co. (03/09/06 - No. B180743)
A judgment following a court trial for an insurer on claims of breach of its duty to defend and indemnify is affirmed
where the trial court properly found that defendant's policy of insurance with plaintiff, condominium association,
offered no potential for coverage in an underlying contract action.
New MIT index measures huge returns in commercial real estate February 22, 2006
Annual investment returns for U.S. holdings in commercial real estate — a sector favored by big pension funds — hit
an unprecedented high of 34 percent in 2005, the MIT Center for Real Estate announced today.
County of Los Angeles v. Constr. Laborers Trust Fund for S. California Admin. Co., No B179090 (Cal. 2d App. Dist.
March 06, 2006) A judgment establishing lien priorities between claimants to certain interpleaded funds is affirmed
where respondent, an attorney to a party in underlying litigation, was entitled to the imposition of an equitable lien.
GOVERNMENT BENEFITS, GOVERNMENT , HEALTH , PROBATE, TRUSTS & ESTATES
Conservatorship of the Estate of Kane, No A110631 (Cal. 1st App. Dist. March 06, 2006)
An order denying a petition for a substituted judgment to establish a special needs trust under the authority of Probate
Code section 2580 is reversed and remanded for reconsideration where the probate court had jurisdiction and
authority to create the special needs trust at issue.
Circular 26-06-04 - Manufactured Home Appraisal Report Source: VA
Date: 3/3/2006
PURPOSE. The purpose of this circular is to provide information to program participants on the use of the new
Manufactured Home Appraisal Report (Freddie Mac Form 70B/Fannie Mae Form 1004C, dated March 2005) for
Department of Veterans Affair’s (VA) manufactured home appraisals.
Insurance Appraiser, Insurance Appraisal,
CONSTRUCTION, CONTRACTS, INSURANCE , & REAL ESTATE
Amwest Surety Ins. Co. v. Patriot Homes, Inc., No B175822 (Cal. 2d App. Dist. December 22, 2005)
Judgment for defendants, real estate developers, in an action for breach of an indemnity contract and statutory
indemnity regarding plaintiff-insurer's provision of an appeal bond to defendants is reversed since the parties'
indemnity agreements covered all bonds, including appeal bonds.
ADMINISTRATIVE , CONSTRUCTION, GOVERNMENT LAW, LABOR & EMPLOYMENT , PROPERTY & REAL ESTATE
Greystone Homes, Inc. v. Cake, No A107763, A107769 (Cal. 1st App. Dist. December 21, 2005)
Determination that a housing development project was a public work for purposes of being subject to California's
Prevailing Wage Law is reversed where the determination was based on an erroneous application of former Labor
Code section 1720(a), and plaintiff-developer paid all demolition and construction costs with private funds.
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, DC 20410-8000
ASSISTANT SECRETARY FOR HOUSING-FEDERAL HOUSING COMMISSIONER December 19, 2005 MORTGAGEE
APPROVED APPRAISERS LETTER 2005-48 TO: ALL APPROVED MORTGAGEES, ALL APPROVED APPRAISERS
SUBJECT: FHA Repair and Inspection Requirements for existing properties and revisions to FHA Appraisal Protocol
In a continuing effort to reform and standardize its appraisal requirements, FHA has shifted from its historical
emphasis on the repair of minor property deficiencies and now only requires repairs for those property conditions that
rise above the level of cosmetic defects, minor defects or normal wear and tear. FHA Roster Appraisers are reminded
to report all readily observable property deficiencies, as well as any adverse conditions discovered performing the
research involved in completing the appraisal, within the appraisal reporting form. Lenders should use professional
judgment and rely upon prudent underwriting practices in determining when a property condition poses a threat to the
safety of an occupant and/or jeopardizes the soundness and structural integrity of the property, such that additional
inspections and/or repairs are necessary...
The California Housing Finance Agency is pleased to announce its new 40-Year Fixed Mortgage, effective March 7,
2006. For detailed information see Program Bulletin #2006-03 at CalHFA’s web site.
A bill strengthening property rights in the wake of the Supreme Court's June 2005 ruling on eminent domain has been
introduced in Wisconsin and is awaiting finalization in the state legislature.
Purchase mortgage or refi: Which is best? Readers weigh in with interesting tips Monday, March 06, 2006
Inman News
In a recent article, I suggested that a home buyer with enough money to pay all cash, but who needed to recover some
of the cash for other purposes, might do better to pay all cash and refinance later.
CIVIL PROCEDURE, INJURY AND TORT , PROPERTY & REAL ESTATE
Hoskins v. Hogstad, No C049379 (Cal. 3d App. Dist. February 21, 2006)
In a dispute between neighbors, an order denying defendants' motion to strike a complaint under the anti-SLAPP
statute for failure to set a hearing date on the motion within 30 days of service is affirmed where the trial court did not
abuse its discretion because defendants failed to demonstrate that the docket conditions of the court precluded an
early calendar date.
ADMINISTRATIVE , ENVIRONMENTAL , GOVERNMENT , TAX
Unfair Fire Tax Comm. v. City of Oakland, No A109510 (Cal. 1st App. Dist. February 27, 2006) The language of section
19 of Ordinance No. 12556 allowing an aggrieved person to "appeal" to the city council a resolution to establish a fire
suppression district does not provide an adequate administrative remedy because it lacks any procedural
mechanism for submission, evaluation and resolution of the appeal.
CONSTRUCTION, DEBT COLLECTION, PROPERTY & REAL ESTATE,
Marion Drive, LLC v. Saladino, No B182727 (Cal. 2d App. Dist. February 27, 2006) Judgment in favor of defendant, a
lender, in a dispute over certain excess proceeds from the tax sale of certain property is reversed since plaintiff, a
bond owner, was a "lienholder of record prior to the recordation of the tax deed" with priority over defendant's
subsequently recorded deed of trust.
PROPERTY & REAL ESTATE Finkbeiner v. Gavid, No B180104 (Cal. 2d App. Dist. February 27, 2006) An order
denying a successor trustee's in propria persona petition to modify and terminate a trust is reversed where the court
erred in ruling that: 1) the trustee had to be represented by counsel when she appeared in court to terminate the trust;
2) the trust was irrevocable; 3) an accounting was not required; and 4) denying trustee's fees.
Adell v. John Richards Homes Bldg. Co., L.L.C. (03/01/06 - No. 04-2154)
In a case involving a residential construction contract, an award of costs, attorneys' fees, compensatory damages and
punitive damages following a determination that an involuntary bankruptcy petition filed by plaintiff against defendant-
contractor was filed in bad faith is affirmed where there was no error in the bankruptcy court's award.
California Appellate Districts
CLASS ACTIONS, GOVERNMENT , HEALTH , INJURY AND TORT , MANUFACTURING, PRODUCT LIABILITY,
PROPERTY & REAL ESTATE County of Santa Clara v. Atl. Richfield Co., No H026651 (Cal. 6th App. Dist. March 03,
2006) Judgment for defendants, lead manufacturers, in a class action brought by governmental entities alleging
claims for damages caused by lead paint is reversed where the superior court's rulings were erroneous as to
plaintiffs' public nuisance, strict liability, negligence, and fraud causes of action.
EVIDENCE, GOVERNMENT , PROPERTY & REAL ESTATE, REMEDIES
City of Santa Clarita v. NTS Technical Sys., No B169596 (Cal. 2d App. Dist. March 03, 2006) A judgment entered in an
eminent domain action in favor of a municipality is affirmed over defendants' contentions that the trial court erred in
finding they failed to show any qualifying goodwill loss, in excluding expert valuation testimony, and in computing the
value of a "part take."
CIVIL PROCEDURE, CONTRACTS, PROPERTY & REAL ESTATE
Healy v. Tuscany Hills Landscape & Recreation Corp., No E036896 (Cal. 4th App. Dist. February 28, 2006) An order
denying a special motion to strike a cause of action for defamation asserted by defendant-homeowner in a dispute
with a homeowners association is reversed where the allegedly defamatory publication came within the scope of the
litigation privilege, and thus, there was no possibility that defendant could prevail in her cause of action.
ADMINISTRATIVE , GOVERNMENT , LANDLORD TENANT , PROPERTY & REAL ESTATE
Johnson v. City & County of San Francisco, No A111355 (Cal. 1st App. Dist. February 28, 2006)The Ellis Act, involving
landlords' power to remove residential rental units from the market, preempts a belief requirement relating to the
amount due for tenants' relocation costs contained in the San Francisco Administrative Code.
Appraiser Los Angeles, Los Angeles Appraiser, commercial appraiser, commercial real estate appraiser,
Commercial Real Estate Appraiser los angeles, Appraiser Commercial, commercial real estate appraisal, MAI
Appraiser, LA, L.A., real estate appraiser, commercial real estate inspectors, real estate brokers, los angeles real
estate appraiser, Commercial Appraiser, Special Purpose Property Appraiser, Office Property Appraiser, Commercial
appraisal, Commercial Real Estate Appraiser los angeles, VANDEMA, Southern California Commercial Real Estate
Appraiser, Residential Appraiser, Apartment Appraiser, Commercial Appraisal,California Appraiser,PMI Removal
Appraiser, Free Appraisal, Certified General Appraiser, Tax Appraiser, Multi Family Appraiser, Bank Appraiser
ARCHIVES
U.S. 2nd Circuit Court of Appeals
Wells Fargo Bank v. Brooksamerica Mortgage Corp. (08/15/05 - No. 04-5306) Under New York Law, a "hell or high
water" clause, which makes a leasee's obligation to make monthly payments absolute and unconditional, are
enforceable by good faith assignees against sophisticated parties.
http://caselaw.lp.findlaw.com/data2/circs/2nd/045306p.pdf [PDF File]
CIVIL PROCEDURE, GOVERNMENT , PROPERTY & REAL ESTATE
Empress v. City of San Francisco, No. 03-16706 (9th Cir. August 18, 2005) Plaintiffs' contention that defendant-City
unlawfully delegated zoning decisions to the Executive Director of the Tenderloin Housing Clinic, is precluded by the
Noerr-Pennington doctrine, under notice pleading standards. To read the full text of this opinion, go to: http://caselaw.
lp.findlaw.com/data2/circs/9th/0316706p.pdf
CIVIL PROCEDURE, PROPERTY & REAL ESTATE
M&A Gabaee v. Community Redevelopment, No. 04-56134, 04-56740 (9th Cir. August 17, 2005) The doctrine of
Younger abstention applies when a parallel state-court proceeding has formally begun, even if the proceedings have
not yet reached the merits of the claim. To read the full text of this opinion, go to:
[PDF File] http://caselaw.lp.findlaw.com/data2/circs/9th/0456134p.pdf
Man Accused Of Inflating Home Appraisals To Dupe Banks
32-Year-Old To Plead Guilty In Mortgage Fraud Cases. POSTED: 12:24 pm EST August 5, 2005 INDIANAPOLIS -- An
Indianapolis man was charged this week in connection with a scheme in which people allegedly conspired to trick
banks into lending them millions of dollars in mortgage loans.
http://www.theindychannel.com/news/4814854/detail.html.
CIVIL PROCEDURE, CONSTRUCTION
Inco Dev. Corp. v. Super. Ct. of San Bernardino County, No E036800
(Cal. 4th App. Dist. August 04, 2005) The tolling provision contained in Code of Civil Procedure section 356
does not apply to extend the 10-year period set forth in section 337.15, which covers actions based on latent
construction defects.
http://caselaw.lp.findlaw.com/data2/californiastatecases/e036800.pdf
California Appellate Districts
Trend Homes, Inc. v. Super. Ct. of Fresno (08/02/05 - No. F046715) A provision found in home purchase contracts,
which requires homebuyers who sue the builders of the homes to submit the dispute to judicial reference, is
enforceable.
http://caselaw.lp.findlaw.com/data2/californiastatecases/f046715.pdf [PDF File]
BANKRUPTCY , LANDLORD TENANT
AMB Prop. v. Official Creditors, No. 03-16979 (9th Cir. July 19, 2005) A landlord is required to deduct the amount of
security held under a lease with a debtor from the allowable claim for damages as a result
of the debtor's bankruptcy. To read the full text of this opinion, go to: [PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0316979p.pdf
CONSTRUCTION, INSURANCE , PROPERTY & REAL ESTATE
TRB Inv. Inc. v. Fireman's Fund Ins. Co., No F045816 (Cal. 1st App.Dist. July 18, 2005) A renovation to an existing
commercial building does not fall under the "under construction" exception to the vacancy exclusion of a property
insurance policy.
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/f045816.pdf
ENVIRONMENTAL , GOVERNMENT
Lincoln Place Tenants Ass'n v. City of L.A., No. B172979 (Cal. 2d
App. Dist. July 13, 2005) In a matter involving a redevelopment project, defendant-City cannot disregard the mitigating
conditions its placed on the demolition of certain buildings without conducting a supplemental CEQA review.
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b172979.pdf
GOVERNMENT , TAX
Silicon Valley Taxpayers v. Santa Clara County, No H026759 (Cal. 6th App. Dist. July 06, 2005) The trial court's
validation of an assessment, which is intended to fund the acquisition and maintenance of open space land, is
affirmed over plaintiff's claim that the assessment runs afoul of Proposition 218, the Right to Vote on Taxes Act.
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/h026759.pdf
PROPERTY LAW & REAL ESTATE
Bear Creek Master Ass'n v. Edwards , No E034859 (Cal. 4th App. Dist. July 13, 2005) A homeowners' association may
charge homeowners' association dues or assessments for unbuilt property within a planned and partially unbuilt
homeowners' association development.
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/e034859.pdf
GOVERNMENT LAW, LANDLORD TENANT LAW, PROPERTY LAW & REAL ESTATE
Bisno v. Santa Monica Rent Control Bd., No B176350 (Cal. 1st App. Dist. June 28, 2005) Defendant-Board did not
exceed its authority when it adopted Regulation 3304, which permits landlords to petition for a rent increase on the
ground that a rental unit's tenant is not occupying it as his or her principal residence.
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b176350.pdf
CIVIL PROCEDURE, CONTRACTS, LANDLORD TENANT LAW, PROPERTY LAW & REAL ESTATE
Lu v. Grewal , No B173008 (Cal. 2d App. Dist. June 28, 2005) Under Civil Code section 1951.2, the correct measure
for mitigation credit is the property's fair market rental value.
KELO V. CITY OF NEW LONDON
June 23, 2005
The U.S. Supreme Court, in a 5-4 vote, rules that the "Takings Clause" in the U.S. Constitutiona permits local
governments can seize residential and commerical property for private development. In a strongly worded dissent,
Justice O'Connor rebukes the majority's conclusion, asserting that "the beneficiaries are likely to be those citizens
with disproportionate influence and power in the political process," giving government a "license to transfer property
from those with fewer resources to those with more."
Majority Opinion
http://laws.findlaw.com/us/000/04-108.html
Justice O'Connor's Dissent
http://rd.findlaw.com/scripts/nl.pl?url=11195100001_nl
PROPERTY LAW & REAL ESTATE
Woodridge Escondido v. Nielsen, No. D044294 (Cal. 4th App. Dist. June 16, 2005) The district court was correct in
ordering defendant to remove a wooden deck that encroached upon a side yard easement.
To read the full text of this opinion, go to: http://caselaw.lp.findlaw.com/data2/californiastatecases/d044294.pdf
Appraiser Los Angeles, Los Angeles Appraiser, commercial appraiser, commercial real estate appraiser,
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Berg v. Davi, No C046809 (Cal. 3d App. Dist. June 15, 2005) The Department of Real Estate properly rejected
plaintiff's application for a real estate salesperson's license where the rejection met the requirements of Business &
Professions Code section 10177(f). To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/c046809.pdf
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Two national mortgage servicing companies accused of charging illegal fees and intimidating homeowners agreed to
forgive nearly $11 million in debt to 267 West Virginians who lost their homes in questionable foreclosures. Fairbanks
Capital Corp. of Salt Lake City, now called Select Portfolio Servicing, and Homecomings Financial Network Inc. of
Dallas settled complaints against them, officials announced Thursday.
http://news.findlaw.com/ap/o/632/06-10-2005/c53b000c235d7006.html
CIVIL PROCEDURE, LANDLORD TENANT , PROPERTY & REAL ESTATE
Wasatch Prop. Mgmt., No S112386 (Cal. June 13, 2005) Landlords must comply with the 90-day notice provision of
Civil Code
section 1954.535 in order to terminate a tenancy agreement with a Section 8 low-income tenant.
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/s112386.pdf
PROPERTY & REAL ESTATE
Escondido Union Sch. Dist. v. Casa Suenos De Oro, Inc., No D04310 (Cal. 4th App. Dist. May 26, 2005)
In a condemnation action, compensation awarded to defendant for manufactured homes on the property is affirmed
where the manufactured homes are improvements pertaining the realty and were properly taken into account in
determining the award.
To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2005/d043104.html
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/d043104.pdf
PROPERTY & REAL ESTATE
Beyer v. Tahoe Sands Resort, No C045691 (Cal. 3d App. Dist. June 08,2005) In an action to declare and quiet title to
easements, the trial court erred in concluding that defendant retained a sufficient ownership interest in the property to
preclude their creating easements in their own favor.
To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2005/c045691.html
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/c045691.pdf
DISPUTE RESOLUTION & ARBITRATION
Marcus & Millichap Real Estate v. Woodman Inv. , No. B174696 (Cal. 2d App. Dist. May 17, 2005)
A post arbitration judicial proceeding to confirm an arbitration award is final for purposes of an award of fees.
To read the full text of this opinion, go to:
http://caselaw.lp.findlaw.com/data2/californiastatecases/b174696.doc
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b174696.pdf
GOVERNMENT , PROPERTY & REAL ESTATE
Autopsy/Post Services, Inc. v. City of Los Angeles, No. B179349 (Cal. 2d App. Dist. May 17, 2005)
Defendant-City properly revoked plaintiff's permit to operate a medical laboratory in a commercially zoned building
where the proposed facility is equivalent to a morgue or a mortuary, a use which is restricted to industrial zones.
To read the full text of this opinion, go to:
http://caselaw.lp.findlaw.com/data2/californiastatecases/b179349.doc
[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b179349.pdf
PROPERTY & REAL ESTATE, TAX
Auerbach v. Assessment Appeals Bd., No B173649 (Cal. 2d App. Dist. May 11, 2005)
In a dispute concerning the transfer of commercial real property subject to a lease, pursuant to Revenue and Taxation
Code section 61(c), the change in ownership transfers both the land and the improvements since both are subject to
the lease. To read the full text of this opinion, go to:
http://caselaw.lp.findlaw.com/data2/californiastatecases/b173649.doc
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b173649.pdf
PROPERTY & REAL ESTATE, TAX
Azadozy v. Nikoghosian, No F045677 (Cal. 5th App. Dist. May 04, 2005)
A holder of unrecorded title to property sold at a tax sale is not a"party of interest" within the meaning of Rev. & Tax.
Code, section 4675, and is not entitled to claim excess proceeds from the tax sale. To read the full text of this opinion,
go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2005/f045677.html
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/f045677.pdf
Feds looking at real estate practices in Tulsa
TULSA, Okla. (AP) - A real estate official says federal agents are investigating real estate brokerage practices in
Oklahoma.
Greater Tulsa Association of Realtors executive director Al Unser says the real estate group has responded to a civil
investigative demand from the U-S Department of Justice. According a story on Money Magazine's Web site, the order
stems from a probe of the real estate brokerage business and how commission levels are maintained.
A six percent commission is the industry standard. Discount brokers lose business when full-commission brokers
refuse to show their clients properties listed with the discount firms. According to the article, the Justice Department's
Antitrust Division is gathering information on whether full-commission brokers in Tulsa are using tactics against
discount firms to discourage commission-cutting. Attempts by The Associated Press to contact two discount realtors
quoted in Money's story weren't successful.
AO OPINION NUMBER 04-1201
A partner in a law firm who holds a California real estate broker's license may represent the seller of real property in a
transaction in which the seller agrees to pay the law firm a real estate brokerage commission in lieu of an hourly fee
for legal services rendered in connection with the sales transaction, provided that no one in the firm who does not
hold a real estate broker's license performs any act for which a license is required.
CONSTITUTIONAL , PROPERTY & REAL ESTATE
City of San Diego v. Barratt Am. Inc., No. D044079.PDF (Cal. 4th App. Dist. April 25, 2005)
In an eminent domain action concerning the valuation of property, the jury verdict is affirmed where the trial court
correctly precluded plaintiff-City from using the abandoned Project construct to value the taken property.
To read the full text of this opinion, go to:
http://caselaw.lp.findlaw.com/data2/californiastatecases/d044079.pdf
AO03-104
A community may establish its maximum number of housing units by income category that can be constructed,
rehabilitated, and conserved over the next five-year period below the number of housing units that would meet the
community's goal of achieving its share of the regional housing needs established pursuant to the Planning and
Zoning Law if the community finds that its available resources in the aggregate, including but not limited to federal and
state funds for its housing programs, its own local funds, tax or density credits, and other affordable housing
programs, are insufficient to meet those needs.
Appraiser Los Angeles, Los Angeles Appraiser, commercial appraiser, commercial real estate appraiser,
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CIVIL PROCEDURE, CONSTITUTIONAL , EVIDENCE, PROPERTY & REAL
ESTATE
Redevelopment Agency of San Diego v. Attisha, No D043044 (Cal. 4th App.Dist. April 11, 2005) In an eminent domain
case, the district court erred in its valuation of goodwill since it improperly excluded testimony of an expert goodwill
valuation witness.
To read the full text of this opinion, go to:
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/D043044.pdf
CONSTITUTIONAL , PROPERTY & REAL ESTATE
San Diego Metro. Transit Dev. Bd. v. RV Cmty., No D042545 (Cal. 4th App. Dist. March 29, 2005)
A judgment in condemnation, awarding defendant compensation for property taken by eminent domain and inverse
condemnation, is affirmed. To read the full text of this opinion, go to:
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/d042545.pdf
PROPERTY & REAL ESTATE
Melendrez v. D & I Inv. Inc., No H027098 (Cal. 6th App. Dist. March 29, 2005)
An experienced foreclosure buyer who acquires property at significantly less than its fair market value can still be a
bona fide purchaser for value. To read the full text of this opinion, go to:
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/h027098.pdf
INSURANCE , PROPERTY & REAL ESTATE
Radian Guar. Inc. v. Garamendi, No A105789 (Cal. 1st App. Dist. March 29, 2005)
A cease and desist order that prohibits plaintiff from selling a lien protection policy is affirmed where plaintiff is not
authorized to
transact title insurance, and the lien protection policy constitutes title insurance pursuant to Ins. Code, section
12340.1.
To read the full text of this opinion, go to:
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/a105789.pdf
ATTORNEY'S FEES, DEBT COLLECTION, GOVERNMENT , & REAL ESTATE, WATER LAW Souza v. Wetlands Water
Dist., No F045293 (Cal. 5th App. Dist. January 17, 2006)
Judgments and award of attorney's fees in favor of plaintiffs, farmland owners, against defendants, a water district and
finance company, is reversed in a dispute over certain assessed water charges where the district court's conclusions
were in error.
lCOMMUNICATIONS , CONSTRUCTION, GOVERNMENT , PROPERTY & REAL ESTATE
Sprint PCS Assets, L.L.C. v. City of La Canada Flintridge, No. 05-55014 (9th Cir. January 17, 2006)
Summary judgment in favor of defendant-municipality upholding certain permit denials involving wireless
telecommunications facilities based on aesthetic impact is reversed where defendant overstepped its regulatory
authority under state law, its wireless ordinance is invalid, and no evidence supported the permit denial.
U.S. 9th Circuit Court of Appeals Carson Harbor Village, Ltd. v. County of Los Angeles (01/12/06 - No. 04-55024)
Summary judgment for defendant, oil company, denying plaintiff recovery of certain cleanup costs under the
Comprehensive Environmental Response, Compensation, and Liability Act is affirmed where there are no genuine
issues of material fact regarding whether plaintiff substantially complied with the National Oil and Hazardous
Substances Pollution Contingency Plan.
AGRICULTURE, GOVERNMENT , & REAL ESTATE, PUBLIC UTILITIES
Placer County Local Agency Formation Comm'n v. Nevada County Local Agency Formation Comm'n, No C047697
(Cal. 3d App. Dist. January 13, 2006)
Government Code section 56387 gives principal counties jurisdiction over spheres of influence and service reviews of
multicounty districts within neighboring counties. Judgment entered in favor of defendant in a dispute between
neighboring Local Agency Formation Commissions (LAFCO) under the Cortese-Knox-Hertzberg Local Government
Reorganization Act is affirmed where plaintiff failed to show grounds for reversal of the judgment.
ADMINISTRATIVE , ENVIRONMENTAL , GOVERNMENT , OIL & GAS , PROPERTY & REAL ESTATE
Carson Harbor Village, Ltd. v. County of Los Angeles, No. 04-55024 (9th Cir. January 12, 2006)
Summary judgment for defendant, oil company, denying plaintiff recovery of certain cleanup costs under the
Comprehensive Environmental Response, Compensation, and Liability Act is affirmed where there are no genuine
issues of material fact regarding whether plaintiff substantially complied with the National Oil and Hazardous
Substances Pollution Contingency Plan.
CONSTRUCTION, GOVERNMENT , & REAL ESTATE, PUBLIC UTILITIES, REMEDIES
Metro. Water Dist. of S. California v. Campus Crusade for Christ, Inc., No. E034248 (Cal. 4th App. Dist. January 09,
2006)
Judgment of damages in an eminent domain action to condemn land owned by defendants to construct a water
pipeline is reversed where the trial judge erred in overruling a prior judge's earlier evidentiary rulings in the case, in
allocating the burden of proof as to severance damages, and defendants offered substantial evidence that should
have been presented to a jury in determining the amount of just compensation.
Metro. Water Dist. of S. California v. Campus Crusade for Christ, Inc., No E034248 (Cal. 4th App. Dist. January 09,
2006) Judgment of damages in an eminent domain action to condemn land owned by defendants to construct a water
pipeline is reversed where the trial judge erred in overruling a prior judge's earlier evidentiary rulings in the case, in
allocating the burden of proof as to severance damages, and defendants offered substantial evidence that should
have been presented to a jury in determining the amount of just compensation.
(Property Tax and Domestic Partners - eff. 2006-7 fiscal year)
Beginning the lien date for the 2006-07 fiscal year, SB 565 permits registered domestic partners to transfer property to
each other without triggering a reassessment and taxation at the current market value. As a result, registered
domestic partners will be treated the same as spouses under California property tax laws.
Federal Estate Tax Changes Take Effect In 2006
Mortgagee Letter 2005-19 (ML 05-19) announced the Streamlined (k) Limited Repair Program to augment FHA's
existing Section 203(k) rehabilitation program for less extensive repairs and improvement. This Mortgagee Letter
replaces in its entirety ML 05-19 and is designed to make the program more reflective of the desire of many
homebuyers and existing homeowners to improve their homes including making them more energy efficient...
FEATURE: 2005 COST vs. VALUE REPORT Remodeling's Payoff Residential Appraisal
Minor Kitchen Remodel
Project Description: In a functional but dated 200-square-foot kitchen with 30 linear feet of cabinetry and countertops,
leave cabinet boxes in place but replace fronts with new raised-panel wood doors and drawers. Replace wall oven
and cooktop with new energy-efficient models. Replace laminate countertops. Install midpriced sink and faucet.
Repaint trim, add wall covering, and replace existing flooring with resilient flooring. Commercial Appraiser
ADMINISTRATIVE LAW, ENVIRONMENTAL , GOVERNMENT , PROPERTY & REAL ESTATE, TAX
Martin v. City & County of San Francisco, No A107768 (Cal. 1st App. Dist. December 30, 2005)
A municipality may not lawfully require the owner of a private single-family residence who proposes to modify a portion
of the interior of his residence, in an area not visible to the general public, to undergo the burden and expense of a
review of his proposed project pursuant to the California Environmental Quality Act.
CIVIL PROCEDURE, CONTRACTS, INJURY AND TORT , INSURANCE , & REAL ESTATE
Davaloo v. State Farm Ins. Co., No B171352, B171353 (Cal. 2d App. Dist. December 30, 2005)
Orders of dismissal of plaintiffs' complaints containing claims for policy benefits against insurers for losses caused
by the Northridge earthquake is affirmed since the relation-back doctrine cannot be used to find plaintiffs' first
amended complaints timely filed under a revival statute.
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CIVIL PROCEDURE, DEBT COLLECTION, PROPERTY & REAL ESTATE
Ung v. Koehler, No. A109532 (Cal. 1st App. Dist. December 28, 2005)
Civil Code section 882.030, a provision of the Marketable Record Title Act, does not override the 10 or 60 year time
limits for the exercise of a power of sale in a deed of trust from the "final maturity date" of the underlying debt. Further,
once the beneficiary of a deed of trust has become entitled to claim the 60-year time limit, the beneficiary does not
lose that entitlement merely by filing a notice of default that specifies the "final maturity date" of the underlying debt.
ATTORNEY'S FEES, CONSTRUCTION, GOVERNMENT , & REAL ESTATE
City & County of San Francisco v. Jen, No A107911 (Cal. 1st App. Dist. December 29, 2005)
Award of attorneys fees to plaintiff-municipality is affirmed as to claims of public nuisance, violation of state housing
law, failure to comply with an abatement order, and unlawful business practices where the trial court properly awarded
fees and costs to plaintiff under the State Housing Law.
COMMERCIAL PROPERTY , CONTRACTS, INJURY AND TORT , LANDLORD TENANT , PROPERTY & REAL ESTATE,
RETAIL
Hinesley v. Oakshade Town Ctr., No C045865 (Cal. 3d App. Dist. December 29, 2005)
Summary judgment for defendant on plaintiff's complaint for fraud and rescission of his commercial lease with
defendant is affirmed where defendant successfully demonstrated no triable issue of fact existed as to whether
plaintiff justifiably relied on any material misrepresentation or concealment.
ADMINISTRATIVE , GOVERNMENT , INJURY AND TORT , & REAL ESTATE, WATER
Brady v. Abbott Labs., No. 04-15257 (9th Cir. December 29, 2005)
Judgment for plaintiffs on negligence and nuisance claims regarding defendant's illegal removal of groundwater from
their property and subsequent resulting damages to plaintiffs' adjacent property is reversed where defendant owed
plaintiff's no duty under the common law doctrine of reasonable use. Commercial Appraiser
ENVIRONMENTAL , GOVERNMENT , PROPERTY & REAL ESTATE, REMEDIES
Butler v. City of Palos Verdes, No B177260 (Cal. 2d App. Dist. December 28, 2005)
Judgment for plaintiffs in an action to enjoin a municipality's peafowl management program is reversed since the
peafowl management program does not violate certain deed restrictions under which title to the parklands and
canyons was taken by defendant-municipality.
Two Pennsylvania residents were indicted on charges of bank fraud, mail fraud and making false statements on loan
applications in connection with alleged mortgage fraud schemes said to have taken place in 2002 and 2003.
Crooked REAL ESTATE appraisers fuel scams. Stolen identities used in mortgage swindles.
By David Jackson
Tribune staff reporter
Published December 14, 2005
This story contains corrected material, published Dec. 16, 2005. A loose network of crooked real estate appraisers is
stealing the identities of legitimate colleagues to file false reports and fuel the surge of mortgage fraud in Chicago
and across the nation.
2006 Real Estate Capital Markets Industry Outlook Top Ten Issues
The U.S. economy is expanding, now at a slower rate, and investments are on the increase again. The economy
appears poised for continued positive growth in 2006. Interest rates remain relatively low and, contrary to conventional
wisdom, are not increasing as quickly as expected, creating the famous “conundrum” in the economy. Yet a number of
concerns remain on the horizon, especially with the budget and trade deficits; selected residential “bubbles;” post
hurricane Katrina, Rita and Wilma impacts; along with the Iraqi war.
The California Housing Finance Agency has announced changes in servicing release requirements of first mortgage
loans made in conjunction with a HiCAP subordinate loan.
Supreme Court of California
ADMINISTRATIVE , CONSTRUCTION, GOVERNMENT , PROPERTY & REAL ESTATE
Barratt Am., Inc. v. City of Rancho Cucamonga, No S117590 (Cal. December 22, 2005)
Grant of a demurrer for municipal defendant in an action regarding plaintiff's challenge, under the Mitigation Fee Act, to
fees imposed relating to development projects is reversed to the extent that the court erred in determining that plaintiff
could not challenge the validity of a resolution reenacting a fee previously set forth in an earlier resolution.
ATTORNEY'S FEES, CONTRACTS, PROPERTY & REAL ESTATE
Paul v. Schoellkopf, No B170379.PDF (Cal. 2d App. Dist. April 05, 2005) A provision for attorney fees in escrow
instructions, limited to fees incurred by the escrow company in collecting for escrow services, does not apply to other
disputes between the buyer and seller over their land sale contract. To read the full text of this opinion, go to:
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b170379.pdf
GOVERNMENT , PROPERTY & REAL ESTATE
Hafen v. County of Orange, No G033970A (Cal. 4th App. Dist. April 05,
2005) The Superior Court improperly compelled defendant-County to issue a grading permit, which allowed plaintiffs
to grade four parcels of real property, since the applicable zoning and grading regulations require a site plan to be
obtained before a grading permit can be issued. To read the full text of this opinion, go to:
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/g033970A.pdf
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Commercial Appraiser and Real Estate Consultant, Los Angeles, CA
Commercial Appraiser and Real Estate Consultant, Los Angeles, California
Commercial Appraiser and Residential Appraiser, Los Angeles, California
Commercial Appraiser, Los Angeles, California
Commercial Appraiser and Real Estate Consultant, Los Angeles, California Commercial Appraiser,Los Angeles, Commercial appraisal, comercial appraiser, Expert Witness, Real Estate consultant, LA, L.A., Southern Californiacommercial appraiser,appraiser los angeles, real estate appraiser,commercial expert witness real estate, real property,commercial appraiser, commercial real estate, Los Angeles, Estate , Probate, Trust, Tax, MAI Appraiser, LA, L.A., real estate land los angeles, commercial real estate inspectors, real estate brokers, los angeles, real estate appraiser, Los Angeles, llp, mark to marker, Land Appraiser, Special Purpose Property Appraiser, Office Property, Commercial appraisal, Restaurant, Apartment, VANDEMA, Southern California Commercial Real Estate, Residential Appraiser, Apartment Appraiser,California Appraiser,PMI Removal, Certified General, Tax , Multi Family , Bank appraisal institute| Copyright 2005, 2006 All Rights Reserved No portion of this page, text, images or code, may be copied, reproduced, published or distributed in any medium without the expressed written permission of the copyright holder. Commercial Appraiser and Real Estate Consultant. |
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