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PIRS/ HARRIS COMPANY AND THE SCIENCE OF REAL ESTATE - PARTNERS
California Supreme Court Strikes Down EIR Relying On Future Water Supplies
By Alfred E. Smith, II
On February 1, 2007, the California Supreme Court issued its decision in Vineyard Area Citizens For Responsible
Growth, Inc. v. City of Rancho Cordova. The decision creates additional complications for agencies preparing
environmental impact reports ("EIRs") for projects relying on future plans to acquire additional water supplies.
Real Estate Appraiser, Appraiser Los Angeles,Los Angeles Appraiser, Commercial appraisal, Appraiser
Commercial, LA, L.A., Commercial Real Estate Appraiser, Commercial Real Estate Appraisal, Residential
Appraiser, Apartment Appraiser,
Commercial/Multifamily Quarterly Data Book
A quarterly compendium of the latest MBA research on trends and conditions in the commercial/multifamily
mortgage industry. This piece is published by the Research and Economics staff of MBA. It contains important
analysis, trends and highlights that occurred within the commercial real estate finance industry within the previous
quarter. MBA's Quarterly Data Book is produced quarterly.
gan innocently enough through word of mouth in a beauty shop operated by Sharon Penn in the home she
shares with her mother, Beulah Penn, Pilson and other reports have said.
“This was not a ‘get rich quick scheme,’” Pilson said. Rather, it was an invitation from someone she considered a
friend.
Red Mountain, LLC v. Fallbrook Pub. Util. Dist., No d044546a.pdf (Cal. 4th App. Dist. September 25, 2006)
Judgment for plaintiff for breach of contract, inverse condemnation, and compensation for direct taking in eminent
domain, and attorney fees and costs, is reversed as the trial court's erroneous interpretation of an access
easement and its misdirection of the jury on that point prejudicially affected the outcome of the trial with respect to
plaintiff's claims for inverse condemnation and breach of contract, and these errors, in turn, may have
prejudicially affected the jury's determination of just compensation on defendant's direct condemnation claim.
(Amended)
California Farm Bureau Fed'n v. California Wildlife Conservation Bd., No. C049919 (Cal. 3d App. Dist. September
21, 2006)
Grant of peremptory writ of mandate directing defendants to set aside approval of a project involving the
conversion of agricultural land into wildlife habitat and exempting the project from CEQA, and orders granting
attorney fees, are affirmed as the project is not categorically exempt from CEQA, nor does it fall within the
common sense exemption to CEQA, and plaintiffs are successful parties who vindicated an important right that
are entitled to attorney fees.
GAO: Better Info on Mortgage Risks
By JEANNINE AVERSA AP Economics Writer
(AP) - WASHINGTON-Federal regulators need to do a better job of explaining to people the workings and
potential risks of interest-only and other nontraditional mortgages, congressional investigators said Wednesday.
Nontraditional home loans that once were mostly the domain of the wealthy, especially interest-only mortgages
and option adjustable-rate mortgages, have exploded in popularity in recent years as people stretched to buy
high-priced homes during the housing boom.
"Although lenders and certain brokers are required to provide borrowers with written disclosures at loan
application and closing, federal standards on these disclosures do not currently require specific information on
(alternative mortgage products) that could better help borrowers understand key terms and risks," the Congress'
General Accountability Office said in a report released Wednesday.
Borrowers and lenders with such mortgages could get clobbered if housing prices drop or if interest rates were to
shoot up.
Most Recent Articles from Journal of Real Estate Practice and Education Editorial Board Representation: An
Alternative Method for Ranking Real Estate Programs
Abstract. This paper provides a ranking of the academic standing of real estate programs based on faculty
representation to the editorial boards of leading ...
1/1/04 by Urbancic, Frank R · More from publication · Save
A Study into the Important Elements of a Masters Degree in Real Estate
Abstract. This paper reports the methodology utilized by the members of the University of San Diego's Burnham-
Moores Center for Real Estate to develop ...
1/1/04 by Galuppo, Louis A · More from publication · Save
Salesperson Bonuses and Their Impact on Residential Property Price and Time on Market
Abstract. This paper investigates the impact on both sales price and marketing time of offering a bonus to the
selling broker of property. Recognizing ...
1/1/04 by Johnson, Ken H · More from publication · Save
Mass Appraisal: An Introduction to Multiple Regression Analysis for Real Estate Valuation
Focus This case study presents an introduction to the basics of real estate appraisal and multiple regression
analysis; in particular, as used in real ...
1/1/04 by Benjamin, John D · More from publication · Save
A Hierarchical Linear Model Approach for Assessing the Effects of House and Neighborhood Characteristics on
Housing Prices
Abstract. This pedagogical paper illustrates how a hierarchical linear model (Raudenbush and Bryk, 2002) can be
used by researchers and practitioners to estimate housing prices as a function of both
1/1/04 by Brown, Kenneth H · More from publication · Save
A Pedagogical Tool to Assist in Teaching Real Estate Investment Risk Analysis
Abstract. This paper presents a simple Excel model that provides measures of the standard deviation of
forecasted internal rate of return (IRR) given traditional data inputs such as annual cash flows
1/1/04 by Weaver, William · More from publication · Save
Please Join Mayor Antonio Villaraigosa in celebrating our new success
story as the City's Adaptive Reuse Program reaches yet another
milestone. As of now, and using this Program, we have successfully COMPLETED (sold
or rented) 4,047 units of Adaptive Reuse Lofts - please see the attached spreadsheet for the
complete list of these projects. Delivering over 4,000 units, having about 4,000 units under
construction, and with another 3,000 units currently in the pipeline,
the City's six-billion-dollar Adaptive Reuse Program is moving forward
solidly.
Hamid Behdad, PE
Office of Mayor Antonio R. Villaraigosa
200 N Spring Street, 13th Floor
Los Angeles, CA 90012
(213)978-0783...............Direct
(213)978-0780...............Fax
Real Estate Appraiser, Appraiser Los Angeles,Los Angeles Appraiser, Commercial appraisal, Appraiser
Commercial, LA, L.A., Commercial Real Estate Appraiser, Commercial Real Estate Appraisal, Residential
Appraiser, Apartment Appraiser,
California Farm Bureau Fed'n v. California Wildlife Conservation Bd., No C049919 (Cal. 3d App. Dist. September
22, 2006)
Grant of peremptory writ of mandate directing defendants to set aside approval of a project involving the
conversion of agricultural land into wildlife habitat and exempting the project from CEQA, and orders granting
attorney fees, are affirmed as the project is not categorically exempt from CEQA, nor does it fall within the
common sense exemption to CEQA, and plaintiffs are successful parties who vindicated an important right that
are entitled to attorney fees.
Colony Hill v. Ghamaty, No D046702 (Cal. 4th App. Dist. September 15, 2006)
Judgment for plaintiff on declaratory relief action, involving rental of rooms in a condominium violating CC&Rs
imposed by a common interest subdivision that restricted homes' use to single-family dwelling purposes, is
affirmed over plaintiff's claim that he committed no violation by merely engaging in the incidental renting of rooms
in his home to friends he considers to be like family. Appeal of attorney fee award is dismissed.
CONSTRUCTION, & REAL ESTATE, WATER
Barnes v. Hussa, No C049163 (Cal. 3d App. Dist. February 24, 2006)
A judgment for plaintiffs in a dispute over a pipeline used by plaintiffs to divert water from a creek for use on their ranch is affirmed
where the trial court properly found that plaintiffs had an irrevocable license to continue using the pipeline, they were not violating a
court decree in their use of the pipeline, and defendants did not prove their forfeiture claim.
CIVIL PROCEDURE, DEBT COLLECTION, ETHICS & DISCIPLINARY CODE, ETHICS & PROFESSIONAL RESPONSIBILITY,
PROFESSIONAL MALPRACTICE, PROPERTY LAW & REAL ESTATE
Fritz v. Ehrmann, No B178701 (Cal. 2d App. Dist. February 24, 2006)
Summary judgment for defendant-attorney pursuant to a statute of limitations defense in a malpractice action relating to a
promissory note prepared by defendant is reversed where the facts did not indisputably show that the statute accrued until shortly
before prior litigation commenced, and the statute was tolled while defendant represented plaintiff in that litigation.
Supreme Court of California
CIVIL PROCEDURE, DEBT COLLECTION, ETHICS & PROFESSIONAL (Commercial Appraiser, sic) RESPONSIBILITY, & REAL
ESTATE, REMEDIES
Rusheen v. Cohen, No S123203 (Cal. February 23, 2006)
Where a cause of action is based on a communicative act, the litigation privilege of Civil Code section 47 extends to those
noncommunicative actions which are necessarily related to that communicative act.
California Appellate Districts
ADMINISTRATIVE , EDUCATION , HEALTH
Excelsior College v. California Bd. of Registered Nursing, No C047824 (Cal. 3d App. Dist. February 23, 2006)
A judgment for agency-defendant pursuant to its demurrer to a school's challenge of its interpretation and application of a statute
involving nurse licensure is affirmed since the statute at issue does not require defendant to make prospective evaluations of out-of-
state programs such as plaintiff's, and plaintiff has no right to an administrative hearing on defendant's interpretation and
application of the provision.
Bardin v. Daimlerchrysler Corp., No G034590 (Cal. 4th App. Dist. February 23, 2006)
Judgment for defendant, car marker, pursuant to its demurrer to a complaint alleging violations of the unfair competition law and the
Consumer Legal Remedies Act based on defendant's use of tubular steel in the exhaust manifolds of certain vehicles instead of
cast iron is affirmed where plaintiffs failed to state a claim under any of their causes of action.
CONTRACTS, HEALTH , INJURY AND TORT , INSURANCE , & REAL ESTATE Benavides v. State Farm Gen. Ins. Co., No B179028
(Cal. 2d App. Dist. February 23, 2006)
Judgment entered against defendant-insurer on a negligent investigation claim after a jury trial in an action based on the presence
of mold in condominium units is reversed where plaintiff could not recover for the negligent handling of her claim because there
was no coverage under the terms of the policy, and none of the circumstances which allow for a contract claim to be pursued as a
tort cause of action were present.
From: HUD USER News
The official newsletter of HUD's Office of Policy
Development and Research, ResearchWorks, now offers free
subscriptions to its email-based electronic edition.
Published ten times each year, our newsletter continues
to serve as a bridge for the research and practitioner
communities by featuring research news, case studies,
and stories highlighting the efforts of those who care
about housing. ResearchWorks is a valuable tool for
those dedicated to making housing more affordable, more
accessible, more energy and resource efficient, and
above all, more readily available. Future issues will
feature the latest research on Hispanic homeownership,
lean production techniques for factory-built housing,
targeted community investment outcomes, and the choices
that confront low-income and minority families as they
become first-time homeowners.
To ensure that you don't miss an issue, sign up for your
FREE subscription to either the print or email versions
of ResearchWorks
at http://www.huduser.org/emaillists/subscr.html. To view the current issue,
visit http://www.huduser.org/periodicals/ResearchWorks/ResearchWorks_JulyAug06.pdf
and click on "open the PDF file".
Real Estate Appraiser, Appraiser Los Angeles,Los Angeles Appraiser, Commercial appraisal, Appraiser
Commercial, LA, L.A., Commercial Real Estate Appraiser, Commercial Real Estate Appraisal, Residential
Appraiser, Apartment Appraiser,
Los Angeles Basin Industrial, 2Q06
Vacancy rates of just 3.2R0and a lack of vacant land in Los Angeles and
Orange Counties and, recently, in the West Inland Empire, have
stimulated a construction boom in the East Inland Empire. Rental rates
remained firm and sale prices per SF continued to climb. 16.7 million SF is
underway there.
East Inland Empire Industrial, 2Q06
Very strong growth in demand for industrial space and a scarcity of vacant industrial land in most of the Los
Angeles Basin has led to a construction boom in the East Inland Empire. Given the emergence of this area as a
major industrial market, Colliers is now reporting on it on a
quarterly basis.
Real Estate Appraiser, Appraiser Los Angeles,Los Angeles Appraiser, Commercial appraisal, Appraiser Commercial,
LA, L.A., Commercial Real Estate Appraiser, Commercial Real Estate Appraisal, Residential Appraiser, Apartment Appraiser,
ALABAMA
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South Bay Industrial, 2Q06
The vacancy rate in the South Bay industrial market remained very low,
at 2.6å20 Demand remained strong and construction activity restrained;
the market is projected to remain hyper-tight into the foreseeable
future.
HUD SETTLES CASES AGAINST NEW ENGLAND ATTORNEY AND PROPERTY APPRAISAL FIRM FOR PAYING
KICKBACKS FOR REFERRALS Settlements follow last year’s RESPA action against New England lender. In a
separate settlement, HUD determined that Grasso Appraisal Services (Grasso) of Burlington, Massachusetts paid
kickbacks to East-West and its employees in the form of restaurant gift certificates given in exchange for the
referral of appraisal business. Grasso agreed to make a settlement payment to the U.S. Treasury in the amount
of $4,000.
Red Mountain, LLC. v. Fallbrook Pub. Util. Dist., No D044546 (Cal. 4th App. Dist. August 18, 2006)
Verdict for plaintiff for breach of contract and inverse condemnation, compensation for a direct taking in eminent
domain, and award of attorney fees and costs, is reversed as to the portion of the judgment awarding damages
for breach of contract and inverse condemnation and the order awarding litigation expenses.
Tilton v. Reclamation Dist. No. 800, No A112185 (Cal. 1st App. Dist. September 01, 2006)
In case involving home property damage caused by breached levees, sustaining of demurrers to several causes
of action without leave to amend and one cause of action with leave to amend, followed by plaintiffs' opting to
dismiss complaint with prejudice, are affirmed over claims that the trial court erred in: 1) the legal bases upon
which it sustained, without leave to amend, defendant's demurrers; 2) granting special demurrers and a motion to
strike.
REAL ESTATE PURCHASE AGREEMENT FOR
ACQUISITION OF REAL PROPERTIES LOCATED AT 150 S.
MONTGOMERY STREET, 115 AUTUMN STREET AND 510
W. SAN FERNANDO STREET
-3. Both statute and case law require that the value of each tax lot be separately assessed. ORS 308.205; ORS
308.215; ORS 308.232; ORS 308.240; ORS 308.245; (2) First Interstate, 306 Or at 453 (holding that statutory
reference to property and parcel are synonymous with tax lot); Neupert, 13 OTR at 411. The "value" to be
determined is real market value. ORS 308.205(1); ORS 308.215(1)(e). And, as Plaintiffs point out, "the assessor
must establish a separate real market value for each parcel on a stand-alone basis." Neupert, 13 OTR at 411. A
fundamental consideration in determining market value is highest and best use. The determination of highest and
best use, in turn, is based on market forces. The "'analysis identifies the most profitable, competitive use to which
the property can be put.'" Fred Meyer, Inc. v. Dept. of Rev., 12 OTR 85, 87 (1991), quoting Appraisal Institute,
The Appraisal of Real Estate 269 (9th ed 1987). In addition, due consideration must be given to "applicable land
use plans, including current zoning and other governmental land use restrictions." ORS 308.235(1)(a). Plat
approval clearly falls within this category.
4. With those principles in mind, it becomes evident that to the extent the approval for the rural planned
subdivision has an impact on the market value of the three individual tax lots at issue, such approval must be
considered in valuing the property for assessment purposes. As Defendant points out, Plaintiffs spent
considerable time and money obtaining subdivision approval and without such approval each of the three tax lots
would support considerably fewer homesites than allowed under the subdivision plat.
The witness testified that he utilized the sales comparison approach in valuing the subject property as vacant
commercially developable land. The sales comparison approach to valuation involves the presentation and
analysis of statistics regarding sales of similar properties with the same highest and best use. The witness stated
that Exhibit 1 contains statistical information regarding eight comparable sale properties. Defense counsel
objected to the inclusion of information regarding a purchase offer contained within Exhibit 1. The Court
sustained the objection on the basis that an offer of purchase is inadmissable to show market value (Brummer v
State of New York, 25 AD2d 245; School Dist. #13 of Town of Huntington v Wicks, 227 NYS2d 768).
ETHICS & DISCIPLINARY CODE, ETHICS & PROFESSIONAL RESPONSIBILITY, PROFESSIONAL MALPRACTICE,
PROPERTY & REAL ESTATE
Gackstetter v. Frawley, No B173070 (Cal. 2d App. Dist. January 25, 2006)
Denial of defendant-attorney's summary judgment motion in an action for breach of fiduciary duties, professional negligence and
additional claims by plaintiff-trustee is reversed where defendant's good faith settlement of an underlying malpractice action brought
by trust beneficiaries against him barred plaintiff-trustee's claims.
What is Building Commissioning? Michael Dadjou, PinnacleOne
In essence, building commissioning is similar to the commissioning of a ship. The captain (or, in this case, commissioning
consultant) takes the building for a trial run PRIOR to opening the building for occupancy. The performance of the building is
compared to specifications (and expectations) and areas requiring correction are identified.
Developers Raising Roof Over Rights to Downtown’s ‘Hot’ Air
By ANDY FIXMER Los Angeles Business Journal Staff
There is nearly $100 million worth of thin air sitting on top of the Los Angeles Convention Center – and downtown boosters want the
financially strapped city to cash in on it.
California Appellate Districts
Strebel v. Brenlar Invs., Inc. (01/12/06 - No. A104681)
Judgment of damages for plaintiff in a real estate fraud case involving plaintiff's contract to buy an encumbered house is affirmed
where there was no error in trial court's allowing a jury to include lost appreciation in the value of plaintiff's sold home, and lost use
of plaintiff's property in the measure of recovery.
CIVIL PROCEDURE, CONTRACTS, INSURANCE , & REAL ESTATE
1231 Euclid Homeowners Ass'n v. State Farm Fire & Cas. Co., No B175242 (Cal. 2d App. Dist. January 20, 2006) Summary
judgment for defendant on breach of contract and breach of the implied covenant of good faith and fair dealing claims against
defendant-insurer involving damages resulting from the Northridge earthquake is affirmed where plaintiff-homeowners
association's earlier withdrawal of claims excused defendant from further performance of any coverage obligation under its policy
and precluded plaintiff's claims.
CIVIL PROCEDURE, GOVERNMENT , LANDLORD TENANT , PROPERTY & REAL ESTATE, REMEDIES Carson Gardens, L.L.C. v.
City of Carson Mobilehome Park Rental Review Bd., No B180308 (Cal. 2d App. Dist. January 17, 2006) Trial court order declaring a
decision by defendant-rent control board null and void, and setting a rent increase based on methodology defendant had
considered and rejected is reversed where the trial court exceeded its authority by setting the amount of a rent increase itself
instead of remanding the matter to the board.
PROPERTY & REAL ESTATE
Torres v. Torres, No B179146 (Cal. 1st App. Dist. January 17, 2006) Judgment for defendants in a quiet title action disputing the
validity of a certain power of attorney is affirmed where a valid power of attorney was created even though in using the statutory form
the principal placed an X instead of her initials next to the line conferring the powers.
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
Real Estate Appraiser, Appraiser Los Angeles,Los Angeles Appraiser, Commercial appraisal, Appraiser
Commercial, LA, L.A., Commercial Real Estate Appraiser, Commercial Real Estate Appraisal, Residential
Appraiser, Apartment Appraiser,
Newport Beach Country Club, Inc. v. Founding Members of the Newport Beach Country Club, No G035099 (Cal. 4th App. Dist. June
26, 2006)
When a trial court judgment decides a case on two alternate grounds, and the appellate court affirms based on one ground, the
judgment is binding under principles of res judicata and collateral estoppel only on the ground addressed by the appellate court.
PROBATE, TRUSTS & ESTATES
Estate of Saueressig, No. S129110 (Cal. June 22, 2006)
Probate Code section 6110(c), which requires that a will be signed by two witnesses, requires attestation prior to the testator's
death.
Gilroy Citizens for Responsible Planning v. City of Gilroy, No. H028539 (Cal. 6th App. Dist. June 22, 2006)
Denial of writ petition challenging certification of Environmental Impact Report and approval of construction of a Wal-Mart
Supercenter is affirmed over claims that defendant city: 1) failed to provide the legally-required 45-day notice of availability of the draft
EIR; 2) did not serve the commenting agencies with either responses to comments or the final EIR; 3) failed to complete an initial
study which was necessary before it could rely on a report on economic impacts; and 4) did not follow CEQA's required procedures
in determining whether urban decay impacts should be addressed in the EIR. In addition, the EIR: 5) excluded an analysis of the
Supercenter's blight and urban delay impacts; 6) failed to provide meaningful consideration of proposed mitigation measures; and
7) failed to properly analyze certain traffic impacts.
BANKING , CONSUMER PROTECTION , CRIMINAL & PROCEDURE, INJURY AND TORT , PROPERTY LAW & REAL ESTATE
CTC Real Estate Servs. v. Lepe, No B185320 (Cal. 2d App. Dist. June 21, 2006)
The victim of an identity theft, whose name and other personal information were used without authorization for the purpose of
obtaining a loan secured by a purchase money deed of trust to acquire real property, may, as the only claimant, recover
undistributed surplus proceeds deposited with the court that remained after a trustee sale of the property and the satisfaction of
creditors.
COMMUNICATIONS , GOVERNMENT , PROPERTY & REAL ESTATE, PUBLIC UTILITIES
Sprint Telephony PCS v. County of San Diego , No. D045957 (Cal. 4th App. Dist. June 20, 2006)
Trial court's upholding of defendant county's Wireless Telecommunications Ordinance (WTO) is affirmed over claims that: 1)
wireless telecommunications providers enjoy the privileges conferred by Public Utilities Code section 7901 to install necessary
equipment in a public right of way; and 2) the scope of the privileges accorded by section 7901 preclude local governments from
imposing design and siting restrictions when a wireless telecommunications provider exercises the privilege to place equipment in
a ROW.
CONSTITUTIONAL , GOVERNMENT , TENANT , & 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.
Hotel valuation, Commercial Appraisal, is a taxing issue
Debate centers on how to account for factors like brand recognition Are two hotels, comparable in size, location, age and condition,
worth the same if one is a Ritz-Carlton and the other is an unbranded unknown?
Mayer v. L & B Real Estate, No B180540 (Cal. 2d App. Dist. February 14, 2006)
Judgment quieting title in an action brought by plaintiffs to restore their ownership of commercial property that was sold by a county
tax collector to defendant, real estate company, for unpaid property taxes is reversed where plaintiffs had constructive and actual
notice of the tax sale, and thus had time to comply with a one-year statute of limitations period.
ADMINISTRATIVE , ENVIRONMENTAL , GOVERNMENT , PROPERTY & REAL ESTATE
Hale v. Norton, No. 03-36032 (9th Cir. February 09, 2006)
Denial of a motion for a temporary restraining order and dismissal of plaintiffs' case for lack of subject matter jurisdiction is affirmed
in a case challenging an agency's regulation of plaintiffs' use of a trail crossing federally protected land to access their property
which was surrounded by the federal park at issue.
Howard S. Wright Constr. Co. v. BBIC Investors, LLC (01/31/06 - No. A109876)
Judgment for defendant following a non-jury trial in an action to foreclose a mechanic’s lien recorded against defendant's property
pursuant to a finding that the mechanic's lien was premature and therefore void is reversed where plaintiff recorded its claim of lien
after its contract was completed, upon the anticipatory breach of the other contracting party.
City & County of San Francisco v. Ballard, No A107227, A108569 (Cal. 1st App. Dist. February 02, 2006)
An award of attorney's fees to defendant, a building owner, in an action by a municipality alleging that defendant's building was a
public nuisance is reversed where the statute at issue under which fees were awarded only applies to receivership proceedings,
which did not occur in the case.
GOVERNMENT , LANDLORD TENANT , & REAL ESTATE
Apartment Ass'n of Los Angeles County, Inc. v. City of Los Angeles, No B179133 (Cal. 2d App. Dist. January 31, 2006) Judgment
against defendant-municipality in a declaratory relief action invalidating a municipal ordinance is affirmed where an ordinance
limiting certain charges a landlord could make from tenants in a housing assistance program is affirmed where the ordinance
conflicts with, and is preempted, by another law.
CONSTITUTIONAL , CONSTRUCTION, GOVERNMENT , PROPERTY & REAL ESTATE D & M Fin. Corp. v. City of Long Beach, No
B173977 (Cal. 2d App. Dist. January 31, 2006) Judgment for inverse condemnation in favor of a holder of a security interest in real
property on which defendant-municipality demolished an alleged substandard apartment building is affirmed where defendant
violated plaintiff's due process rights.
ENVIRONMENTAL , GOVERNMENT , & REAL ESTATE
108 Holdings, Ltd. v. City of Rohnert Park, No A108629 (Cal. 1st App. Dist. January 31, 2006) Judgment in favor of defendant-
municipality on plaintiff's, property owner, challenge to certain actions is affirmed where defendant did not unlawfully surrender its
police power or improperly amended its General Plan by entering into a settlement agreement to resolve environmental litigation
brought against it.
Crawford v. Weather Shield Mfg., Inc. (02/01/06 - No. G032301)
Order granting a new trial and judgment of the trial court in a construction defect case involving a window manufacturer are affirmed
where there was no abuse of discretion in the grant of a new trial, the trial court correctly interpreted and adjudicated the subcontract
at issue, and there was no abuse of discretion as to attorneys' fees.
Davis v. Newmar Corp. (02/01/06 - No. B174944)
Judgment for plaintiff on a claim under the Song-Beverly Consumer Warranty Act involving plaintiff's purchase of a mobile home is
reversed where the trial court erred in denying a pretrial motion to dismiss since the Act applies only to vehicles sold in California
and plaintiff's motor home was not sold in California.
California Appellate Districts
ATTORNEY'S FEES, CIVIL PROCEDURE, COMMERCIAL , CONSTRUCTION, CONTRACTS, MANUFACTURING, PRODUCT
LIABILITY, PROPERTY & REAL ESTATE
Crawford v. Weather Shield Mfg., Inc., No G032301 (Cal. 4th App. Dist. February 01, 2006)
Order granting a new trial and judgment of the trial court in a construction defect case involving a window manufacturer are affirmed
where there was no abuse of discretion in the grant of a new trial, the trial court correctly interpreted and adjudicated the subcontract
at issue, and there was no abuse of discretion as to attorneys' fees.
The National Association of Realtors is protesting rulings by the Office of the Comptroller of the Currency that the trade group says
"will inevitably lead to national banks becoming actively involved in real estate development and brokerage." The OCC regulates
banking activities.
Taxpayer Alert for Property Tax Assessor Records Corp.
This is an alert concerning a company that may be sending misleading letters to taxpayers. The company, Property Tax Assessor
Records Corp. sends forms and letters to Los Angeles, Riverside and San Diego county property owners telling them that they have
not filed Homeowners’ Exemption forms and they are entitled to file them. In many cases, these letters are sent to people who are
not entitled to the exemption or to property owners who have already filed for the exemption. For a fee, the company offers to file a
claim for exemption on the property owners’ behalf. The assessor’s office does NOT charge a fee to file the homeowners’
exemption claim form.
ADMINISTRATIVE , CIVIL PROCEDURE, CONSTITUTIONAL , ENVIRONMENTAL , GOVERNMENT , & REAL ESTATE
Dunn v. County of Santa Barbara, No B175149 (Cal. 2d App. Dist. January 25, 2006)
Judgment on the pleadings for defendant-county on regulatory takings claims, and constitutional and civil rights claims involving
defendant's determinations as to a subdivision application is reversed where those claims are ripe for adjudication because
defendant issued what amounted to a final decision, and the permissible use of the property is known to a reasonable degree of
certainty.
COMMERCIAL , CONSTITUTIONAL , ENVIRONMENTAL , GOVERNMENT , & REAL ESTATE, RETAIL Wal-Mart Stores, Inc. v. City of
Turlock, No. F047372 (Cal. 5th App. Dist. April 05, 2006)
Order denying a writ of mandate regarding a city zoning ordinance prohibiting the development of "big box" retail stores containing a
full service grocery department is affirmed over a claim that defendant city unconstitutionally exceeded its police powers and failed
to comply with the California (Appraiser, sic) Environmental Quality Act. Commercial Appraiser
First Ave. W. Bldg., LLC v. James (02/23/06 - No. 04-35324)
District court order permitting a bankrupt tenant's trustee to pursue recovery from the landlord of damages up to the full amount of
the tenant's security deposit, including a letter of credit, is affirmed where: 1) the landlord forfeited a timeliness issue; 2) rejection of
a lease did not bar the trustee's action; and 3) the bankruptcy court clearly erred in finding it had no jurisdiction over the claim.
Benavides v. State Farm Gen. Ins. Co. (02/23/06 - No. B179028)
Judgment entered against defendant-insurer on a negligent investigation claim after a jury trial in an action based on the presence
of mold in condominium units is reversed where plaintiff could not recover for the negligent handling of her claim because there
was no coverage under the terms of the policy, and none of the circumstances which allow for a contract claim to be pursued as a
tort cause of action were present.
JAMES C. MCDANIEL,
Plaintiff-Appellant, No. 94-17158
v. D.C. No.
CV-93-00262-JET
APPRAISAL INSTITUTE, MAI
The case was a simple condemnation in Connecticut, Commissioner of Transportation v. Candlewood Valley Country Club, Inc.
(2005 Conn. Super. LEXIS 3308, November 29, 2005). The state needed to take a portion of the Country Club for a road widening,
and after conducting what appeared to be a simple appraisal, offered the Club $109,000. The Club countered with its own appraisal
at $390,000. The court, reviewing the condemnation, used the phrase “lowest and worst” to describe the State’s appraisal, and
awarded the Club more-or-less what they asked for, plus appraisers’ fees and interest.
Real Estate Appraiser, Appraiser Los Angeles,Los Angeles Appraiser, Commercial appraisal, Appraiser
Commercial, LA, L.A., Commercial Real Estate Appraiser, Commercial Real Estate Appraisal, Residential
Appraiser, Apartment Appraiser,
THE NATIONAL NOISE PROBLEM
Since 1973, the Department of Housing and Urban Development (HUD) (39)* has conducted an Annual Housing
Survey for the Census Bureau in which noise has been consistently ranked as a leading cause of neighborhood
dissatisfaction. In fact, nearly one-half of the respondents each year have felt that noise was a major
neighborhood problem (see Figure 1-1). In the 1975 survey, street noise was mentioned more often than all other
unwanted neighborhood conditions. This survey has also shown that aircraft and traffic noise are leading factors
in making people want to move from their neighborhoods. Approximately one-third of all the respondents who
wished to move because of undesirable neighborhood conditions, did so because of noise.
ALABAMA
AL
ALASKA
AK
AMERICAN SAMOA
AS
ARIZONA
AZ
ARKANSAS
AR
CALIFORNIA
CA
COLORADO
CO
CONNECTICUT
CT
DELAWARE
DE
DISTRICT OF COLUMBIA
DC
FEDERATED STATES OF MICRONESIA
FM
FLORIDA
FL
GEORGIA
GA
GUAM
GU
HAWAII
HI
IDAHO
ID
ILLINOIS
IL
INDIANA
IN
IOWA
IA
KANSAS
KS
KENTUCKY
KY
LOUISIANA
LA
MAINE
ME
MARSHALL ISLANDS
MH
MARYLAND
MD
MASSACHUSETTS
MA
MICHIGAN
MI
MINNESOTA
MN
MISSISSIPPI
MS
MISSOURI
MO
MONTANA
MT
NEBRASKA
NE
NEVADA
NV
NEW HAMPSHIRE
NH
NEW JERSEY
NJ
NEW MEXICO
NM
NEW YORK
NY
NORTH CAROLINA
NC
NORTH DAKOTA
ND
NORTHERN MARIANA ISLANDS
MP
OHIO
OH
OKLAHOMA
OK
OREGON
OR
PALAU
PW
PENNSYLVANIA
PA
PUERTO RICO
PR
RHODE ISLAND
RI
SOUTH CAROLINA
SC
SOUTH DAKOTA
SD
TENNESSEE
TN
TEXAS
TX
UTAH
UT
VERMONT
VT
VIRGIN ISLANDS
VI
VIRGINIA
VA
WASHINGTON
WA
WEST VIRGINIA
WV
WISCONSIN
WI
WYOMING
WY
CERTAIN CLIENT INSTRUCTIONS should alert counsel to consider taking
a different tack. Real estate practitioners must be particularly wary
when they hear, “Don’t nit pick the document, just make the deal.”
Or, “Forget about the condemnation provision—this property will
never be taken.” Wise counsel know that in every real property
transaction, it is worthwhile to pause, concentrate, and get everything
right when it comes to the issue of eminent domain.
As California’s population continues growing and the competition
for the use of its real estate becomes keener, cities and other governmental
agencies are reaching more frequently for their eminent
domain tool. They are doing so as a means to expand their educational
infrastructure,1 upgrade their economic base through the addition
of new retail stores or other projects that generate high revenue
and jobs, and mitigate ever-growing transportation woes. The U.S.
Supreme Court’s recent decision in Kelo v. New London2 constitutes
icing on the condemnor’s cake and raises the specter of condemnation
in virtually all real estate transactions.
Real Estate Appraiser, Appraiser Los Angeles,Los Angeles Appraiser, Commercial appraisal, Appraiser
Commercial, LA, L.A., Commercial Real Estate Appraiser, Commercial Real Estate Appraisal, Residential
Appraiser, Apartment Appraiser,
HousingBuilding Codes and Standards
California Building Standards Code (Title 24) - California Building Standards Commission
Find information on the Building Standards Code, how to purchase or where to read. Learn about the agency
which regulates areas such as health, fire and panic safety, employee safety, energy conservation, and
handicapped accessibility in the California building industry.
Hotel, Motel, Apartment and Manufactured Housing Construction - California Department of Housing and
Community Development: Division of Codes and Standards
The Division of Codes and Standards 1) administers programs related to the regulation and inspection of
manufactured housing construction in the State of California, and 2) develops statewide building standards for
new construction and adopts regulations for maintenance, use, occupancy, repair, alteration, moving and
demolition of hotels, motels, lodginghouses, apartments, dwellings and more.
Financing Housing Services - California Housing Finance Agency
Become familiar with the services of the CalHFA to assist first-time homebuyers and to finance below-market rate
loans for safe, decent, and affordable rental housing.
Single Family First-Time Homebuyers - California Housing Finance Agency
Explore the CalHFA's Single Family Ownership programs to provide affordable housing opportunities by offering
below-market interest mortgage loans to very low-to-moderate income first-time homebuyers.
Landlord or Tenant Rights and Responsibilities - California Department of Consumer Affairs
Gain an understanding of what your rights and responsibilities are in California if you are a renter or a landlord.
California Courts Self-Help Center - Judicial Council of California
Find legal assistance, learn about California law, and how to represent yourself in some legal matters. This site
does not provide legal advice.
County Property Assessors - California State Board of Equalization
This link provides a complete listing of California County Property Assessors.
Real Estate and Financial Services Licenses - California Department of Real Estate
Use this web site to find information about real estate and financial services licenses, laws, regulations and
enforcement actions. The Department of Real Estate, the Office of Real Estate Appraisers, the Department of
Corporations and the Department of Financial Institutions regulate most of the real estate and financial services in
California.
California Property Taxes Law Guide - California State Board of Equalization
Find out more about the laws, rules, and court cases involved in property taxes. Read annotations that contain
analysis of the laws, rules, and significant court cases.
Real Estate Appraisers - California Office of Real Estate Appraisers
Be informed about your real estate appraiser, check the status of an appraiser's license, and know where to go to
file a complaint.
Economic Data and Consumer Price Indexes in California - California Department of Finance
Obtain data on the Gross State Product, business and personal income, minimum wage, poverty guidelines,
consumer expenditures, and the Consumer Price Index in selected areas.
Castaic Lake Water Agency and Newhall County Water District Approve Bermite Settlement
By Frederic A. Fudacz
Castaic Lake Water Agency, Newhall County Water District, Santa Clarita Water Company and Valencia Water
Company have settled their lawsuit against the current and past owners of the former Bermite industrial site and
approved a settlement agreement to remove perchlorate from the Santa Clarita Valley’s groundwater aquifers.
The water agencies estimate this settlement, when added to past settlements, provides up to $100 million.
Acting as counsel for these water agencies, Nossaman, Guthner, Knox & Elliott filed the lawsuit in November 2000
after perchlorate was discovered in five wells, which were immediately shut down. The water agencies contended
the pollution came from the former Bermite site located in the City of Santa Clarita. The 996-acre site was used
for decades to manufacture dynamite, fireworks and munitions. Perchlorate compounds are used in the
manufacture of explosives, munitions and rocket fuel.
By Alfred E. Smith, II
On February 1, 2007, the California Supreme Court issued its decision in Vineyard Area Citizens For Responsible
Growth, Inc. v. City of Rancho Cordova. The decision creates additional complications for agencies preparing
environmental impact reports ("EIRs") for projects relying on future plans to acquire additional water supplies.
Real Estate Appraiser, Appraiser Los Angeles,Los Angeles Appraiser, Commercial appraisal, Appraiser
Commercial, LA, L.A., Commercial Real Estate Appraiser, Commercial Real Estate Appraisal, Residential
Appraiser, Apartment Appraiser,
Commercial/Multifamily Quarterly Data Book
A quarterly compendium of the latest MBA research on trends and conditions in the commercial/multifamily
mortgage industry. This piece is published by the Research and Economics staff of MBA. It contains important
analysis, trends and highlights that occurred within the commercial real estate finance industry within the previous
quarter. MBA's Quarterly Data Book is produced quarterly.
gan innocently enough through word of mouth in a beauty shop operated by Sharon Penn in the home she
shares with her mother, Beulah Penn, Pilson and other reports have said.
“This was not a ‘get rich quick scheme,’” Pilson said. Rather, it was an invitation from someone she considered a
friend.
Red Mountain, LLC v. Fallbrook Pub. Util. Dist., No d044546a.pdf (Cal. 4th App. Dist. September 25, 2006)
Judgment for plaintiff for breach of contract, inverse condemnation, and compensation for direct taking in eminent
domain, and attorney fees and costs, is reversed as the trial court's erroneous interpretation of an access
easement and its misdirection of the jury on that point prejudicially affected the outcome of the trial with respect to
plaintiff's claims for inverse condemnation and breach of contract, and these errors, in turn, may have
prejudicially affected the jury's determination of just compensation on defendant's direct condemnation claim.
(Amended)
California Farm Bureau Fed'n v. California Wildlife Conservation Bd., No. C049919 (Cal. 3d App. Dist. September
21, 2006)
Grant of peremptory writ of mandate directing defendants to set aside approval of a project involving the
conversion of agricultural land into wildlife habitat and exempting the project from CEQA, and orders granting
attorney fees, are affirmed as the project is not categorically exempt from CEQA, nor does it fall within the
common sense exemption to CEQA, and plaintiffs are successful parties who vindicated an important right that
are entitled to attorney fees.
GAO: Better Info on Mortgage Risks
By JEANNINE AVERSA AP Economics Writer
(AP) - WASHINGTON-Federal regulators need to do a better job of explaining to people the workings and
potential risks of interest-only and other nontraditional mortgages, congressional investigators said Wednesday.
Nontraditional home loans that once were mostly the domain of the wealthy, especially interest-only mortgages
and option adjustable-rate mortgages, have exploded in popularity in recent years as people stretched to buy
high-priced homes during the housing boom.
"Although lenders and certain brokers are required to provide borrowers with written disclosures at loan
application and closing, federal standards on these disclosures do not currently require specific information on
(alternative mortgage products) that could better help borrowers understand key terms and risks," the Congress'
General Accountability Office said in a report released Wednesday.
Borrowers and lenders with such mortgages could get clobbered if housing prices drop or if interest rates were to
shoot up.
Most Recent Articles from Journal of Real Estate Practice and Education Editorial Board Representation: An
Alternative Method for Ranking Real Estate Programs
Abstract. This paper provides a ranking of the academic standing of real estate programs based on faculty
representation to the editorial boards of leading ...
1/1/04 by Urbancic, Frank R · More from publication · Save
A Study into the Important Elements of a Masters Degree in Real Estate
Abstract. This paper reports the methodology utilized by the members of the University of San Diego's Burnham-
Moores Center for Real Estate to develop ...
1/1/04 by Galuppo, Louis A · More from publication · Save
Salesperson Bonuses and Their Impact on Residential Property Price and Time on Market
Abstract. This paper investigates the impact on both sales price and marketing time of offering a bonus to the
selling broker of property. Recognizing ...
1/1/04 by Johnson, Ken H · More from publication · Save
Mass Appraisal: An Introduction to Multiple Regression Analysis for Real Estate Valuation
Focus This case study presents an introduction to the basics of real estate appraisal and multiple regression
analysis; in particular, as used in real ...
1/1/04 by Benjamin, John D · More from publication · Save
A Hierarchical Linear Model Approach for Assessing the Effects of House and Neighborhood Characteristics on
Housing Prices
Abstract. This pedagogical paper illustrates how a hierarchical linear model (Raudenbush and Bryk, 2002) can be
used by researchers and practitioners to estimate housing prices as a function of both
1/1/04 by Brown, Kenneth H · More from publication · Save
A Pedagogical Tool to Assist in Teaching Real Estate Investment Risk Analysis
Abstract. This paper presents a simple Excel model that provides measures of the standard deviation of
forecasted internal rate of return (IRR) given traditional data inputs such as annual cash flows
1/1/04 by Weaver, William · More from publication · Save
Please Join Mayor Antonio Villaraigosa in celebrating our new success
story as the City's Adaptive Reuse Program reaches yet another
milestone. As of now, and using this Program, we have successfully COMPLETED (sold
or rented) 4,047 units of Adaptive Reuse Lofts - please see the attached spreadsheet for the
complete list of these projects. Delivering over 4,000 units, having about 4,000 units under
construction, and with another 3,000 units currently in the pipeline,
the City's six-billion-dollar Adaptive Reuse Program is moving forward
solidly.
Hamid Behdad, PE
Office of Mayor Antonio R. Villaraigosa
200 N Spring Street, 13th Floor
Los Angeles, CA 90012
(213)978-0783...............Direct
(213)978-0780...............Fax
Real Estate Appraiser, Appraiser Los Angeles,Los Angeles Appraiser, Commercial appraisal, Appraiser
Commercial, LA, L.A., Commercial Real Estate Appraiser, Commercial Real Estate Appraisal, Residential
Appraiser, Apartment Appraiser,
California Farm Bureau Fed'n v. California Wildlife Conservation Bd., No C049919 (Cal. 3d App. Dist. September
22, 2006)
Grant of peremptory writ of mandate directing defendants to set aside approval of a project involving the
conversion of agricultural land into wildlife habitat and exempting the project from CEQA, and orders granting
attorney fees, are affirmed as the project is not categorically exempt from CEQA, nor does it fall within the
common sense exemption to CEQA, and plaintiffs are successful parties who vindicated an important right that
are entitled to attorney fees.
Colony Hill v. Ghamaty, No D046702 (Cal. 4th App. Dist. September 15, 2006)
Judgment for plaintiff on declaratory relief action, involving rental of rooms in a condominium violating CC&Rs
imposed by a common interest subdivision that restricted homes' use to single-family dwelling purposes, is
affirmed over plaintiff's claim that he committed no violation by merely engaging in the incidental renting of rooms
in his home to friends he considers to be like family. Appeal of attorney fee award is dismissed.
CONSTRUCTION, & REAL ESTATE, WATER
Barnes v. Hussa, No C049163 (Cal. 3d App. Dist. February 24, 2006)
A judgment for plaintiffs in a dispute over a pipeline used by plaintiffs to divert water from a creek for use on their ranch is affirmed
where the trial court properly found that plaintiffs had an irrevocable license to continue using the pipeline, they were not violating a
court decree in their use of the pipeline, and defendants did not prove their forfeiture claim.
CIVIL PROCEDURE, DEBT COLLECTION, ETHICS & DISCIPLINARY CODE, ETHICS & PROFESSIONAL RESPONSIBILITY,
PROFESSIONAL MALPRACTICE, PROPERTY LAW & REAL ESTATE
Fritz v. Ehrmann, No B178701 (Cal. 2d App. Dist. February 24, 2006)
Summary judgment for defendant-attorney pursuant to a statute of limitations defense in a malpractice action relating to a
promissory note prepared by defendant is reversed where the facts did not indisputably show that the statute accrued until shortly
before prior litigation commenced, and the statute was tolled while defendant represented plaintiff in that litigation.
Supreme Court of California
CIVIL PROCEDURE, DEBT COLLECTION, ETHICS & PROFESSIONAL (Commercial Appraiser, sic) RESPONSIBILITY, & REAL
ESTATE, REMEDIES
Rusheen v. Cohen, No S123203 (Cal. February 23, 2006)
Where a cause of action is based on a communicative act, the litigation privilege of Civil Code section 47 extends to those
noncommunicative actions which are necessarily related to that communicative act.
California Appellate Districts
ADMINISTRATIVE , EDUCATION , HEALTH
Excelsior College v. California Bd. of Registered Nursing, No C047824 (Cal. 3d App. Dist. February 23, 2006)
A judgment for agency-defendant pursuant to its demurrer to a school's challenge of its interpretation and application of a statute
involving nurse licensure is affirmed since the statute at issue does not require defendant to make prospective evaluations of out-of-
state programs such as plaintiff's, and plaintiff has no right to an administrative hearing on defendant's interpretation and
application of the provision.
Bardin v. Daimlerchrysler Corp., No G034590 (Cal. 4th App. Dist. February 23, 2006)
Judgment for defendant, car marker, pursuant to its demurrer to a complaint alleging violations of the unfair competition law and the
Consumer Legal Remedies Act based on defendant's use of tubular steel in the exhaust manifolds of certain vehicles instead of
cast iron is affirmed where plaintiffs failed to state a claim under any of their causes of action.
CONTRACTS, HEALTH , INJURY AND TORT , INSURANCE , & REAL ESTATE Benavides v. State Farm Gen. Ins. Co., No B179028
(Cal. 2d App. Dist. February 23, 2006)
Judgment entered against defendant-insurer on a negligent investigation claim after a jury trial in an action based on the presence
of mold in condominium units is reversed where plaintiff could not recover for the negligent handling of her claim because there
was no coverage under the terms of the policy, and none of the circumstances which allow for a contract claim to be pursued as a
tort cause of action were present.
From: HUD USER News
The official newsletter of HUD's Office of Policy
Development and Research, ResearchWorks, now offers free
subscriptions to its email-based electronic edition.
Published ten times each year, our newsletter continues
to serve as a bridge for the research and practitioner
communities by featuring research news, case studies,
and stories highlighting the efforts of those who care
about housing. ResearchWorks is a valuable tool for
those dedicated to making housing more affordable, more
accessible, more energy and resource efficient, and
above all, more readily available. Future issues will
feature the latest research on Hispanic homeownership,
lean production techniques for factory-built housing,
targeted community investment outcomes, and the choices
that confront low-income and minority families as they
become first-time homeowners.
To ensure that you don't miss an issue, sign up for your
FREE subscription to either the print or email versions
of ResearchWorks
at http://www.huduser.org/emaillists/subscr.html. To view the current issue,
visit http://www.huduser.org/periodicals/ResearchWorks/ResearchWorks_JulyAug06.pdf
and click on "open the PDF file".
Real Estate Appraiser, Appraiser Los Angeles,Los Angeles Appraiser, Commercial appraisal, Appraiser
Commercial, LA, L.A., Commercial Real Estate Appraiser, Commercial Real Estate Appraisal, Residential
Appraiser, Apartment Appraiser,
Los Angeles Basin Industrial, 2Q06
Vacancy rates of just 3.2R0and a lack of vacant land in Los Angeles and
Orange Counties and, recently, in the West Inland Empire, have
stimulated a construction boom in the East Inland Empire. Rental rates
remained firm and sale prices per SF continued to climb. 16.7 million SF is
underway there.
East Inland Empire Industrial, 2Q06
Very strong growth in demand for industrial space and a scarcity of vacant industrial land in most of the Los
Angeles Basin has led to a construction boom in the East Inland Empire. Given the emergence of this area as a
major industrial market, Colliers is now reporting on it on a
quarterly basis.
Real Estate Appraiser, Appraiser Los Angeles,Los Angeles Appraiser, Commercial appraisal, Appraiser Commercial,
LA, L.A., Commercial Real Estate Appraiser, Commercial Real Estate Appraisal, Residential Appraiser, Apartment Appraiser,
ALABAMA
AL
ALASKA
AK
AMERICAN SAMOA
AS
ARIZONA
AZ
ARKANSAS
AR
CALIFORNIA
CA
COLORADO
CO
CONNECTICUT
CT
DELAWARE
DE
DISTRICT OF COLUMBIA
DC
FEDERATED STATES OF MICRONESIA
FM
FLORIDA
FL
GEORGIA
GA
GUAM
GU
HAWAII
HI
IDAHO
ID
ILLINOIS
IL
INDIANA
IN
IOWA
IA
KANSAS
KS
KENTUCKY
KY
LOUISIANA
LA
MAINE
ME
MARSHALL ISLANDS
MH
MARYLAND
MD
MASSACHUSETTS
MA
MICHIGAN
MI
MINNESOTA
MN
MISSISSIPPI
MS
MISSOURI
MO
MONTANA
MT
NEBRASKA
NE
NEVADA
NV
NEW HAMPSHIRE
NH
NEW JERSEY
NJ
NEW MEXICO
NM
NEW YORK
NY
NORTH CAROLINA
NC
NORTH DAKOTA
ND
NORTHERN MARIANA ISLANDS
MP
OHIO
OH
OKLAHOMA
OK
OREGON
OR
PALAU
PW
PENNSYLVANIA
PA
PUERTO RICO
PR
RHODE ISLAND
RI
SOUTH CAROLINA
SC
SOUTH DAKOTA
SD
TENNESSEE
TN
TEXAS
TX
UTAH
UT
VERMONT
VT
VIRGIN ISLANDS
VI
VIRGINIA
VA
WASHINGTON
WA
WEST VIRGINIA
WV
WISCONSIN
WI
WYOMING
WY
South Bay Industrial, 2Q06
The vacancy rate in the South Bay industrial market remained very low,
at 2.6å20 Demand remained strong and construction activity restrained;
the market is projected to remain hyper-tight into the foreseeable
future.
HUD SETTLES CASES AGAINST NEW ENGLAND ATTORNEY AND PROPERTY APPRAISAL FIRM FOR PAYING
KICKBACKS FOR REFERRALS Settlements follow last year’s RESPA action against New England lender. In a
separate settlement, HUD determined that Grasso Appraisal Services (Grasso) of Burlington, Massachusetts paid
kickbacks to East-West and its employees in the form of restaurant gift certificates given in exchange for the
referral of appraisal business. Grasso agreed to make a settlement payment to the U.S. Treasury in the amount
of $4,000.
Red Mountain, LLC. v. Fallbrook Pub. Util. Dist., No D044546 (Cal. 4th App. Dist. August 18, 2006)
Verdict for plaintiff for breach of contract and inverse condemnation, compensation for a direct taking in eminent
domain, and award of attorney fees and costs, is reversed as to the portion of the judgment awarding damages
for breach of contract and inverse condemnation and the order awarding litigation expenses.
Tilton v. Reclamation Dist. No. 800, No A112185 (Cal. 1st App. Dist. September 01, 2006)
In case involving home property damage caused by breached levees, sustaining of demurrers to several causes
of action without leave to amend and one cause of action with leave to amend, followed by plaintiffs' opting to
dismiss complaint with prejudice, are affirmed over claims that the trial court erred in: 1) the legal bases upon
which it sustained, without leave to amend, defendant's demurrers; 2) granting special demurrers and a motion to
strike.
REAL ESTATE PURCHASE AGREEMENT FOR
ACQUISITION OF REAL PROPERTIES LOCATED AT 150 S.
MONTGOMERY STREET, 115 AUTUMN STREET AND 510
W. SAN FERNANDO STREET
-3. Both statute and case law require that the value of each tax lot be separately assessed. ORS 308.205; ORS
308.215; ORS 308.232; ORS 308.240; ORS 308.245; (2) First Interstate, 306 Or at 453 (holding that statutory
reference to property and parcel are synonymous with tax lot); Neupert, 13 OTR at 411. The "value" to be
determined is real market value. ORS 308.205(1); ORS 308.215(1)(e). And, as Plaintiffs point out, "the assessor
must establish a separate real market value for each parcel on a stand-alone basis." Neupert, 13 OTR at 411. A
fundamental consideration in determining market value is highest and best use. The determination of highest and
best use, in turn, is based on market forces. The "'analysis identifies the most profitable, competitive use to which
the property can be put.'" Fred Meyer, Inc. v. Dept. of Rev., 12 OTR 85, 87 (1991), quoting Appraisal Institute,
The Appraisal of Real Estate 269 (9th ed 1987). In addition, due consideration must be given to "applicable land
use plans, including current zoning and other governmental land use restrictions." ORS 308.235(1)(a). Plat
approval clearly falls within this category.
4. With those principles in mind, it becomes evident that to the extent the approval for the rural planned
subdivision has an impact on the market value of the three individual tax lots at issue, such approval must be
considered in valuing the property for assessment purposes. As Defendant points out, Plaintiffs spent
considerable time and money obtaining subdivision approval and without such approval each of the three tax lots
would support considerably fewer homesites than allowed under the subdivision plat.
The witness testified that he utilized the sales comparison approach in valuing the subject property as vacant
commercially developable land. The sales comparison approach to valuation involves the presentation and
analysis of statistics regarding sales of similar properties with the same highest and best use. The witness stated
that Exhibit 1 contains statistical information regarding eight comparable sale properties. Defense counsel
objected to the inclusion of information regarding a purchase offer contained within Exhibit 1. The Court
sustained the objection on the basis that an offer of purchase is inadmissable to show market value (Brummer v
State of New York, 25 AD2d 245; School Dist. #13 of Town of Huntington v Wicks, 227 NYS2d 768).
ETHICS & DISCIPLINARY CODE, ETHICS & PROFESSIONAL RESPONSIBILITY, PROFESSIONAL MALPRACTICE,
PROPERTY & REAL ESTATE
Gackstetter v. Frawley, No B173070 (Cal. 2d App. Dist. January 25, 2006)
Denial of defendant-attorney's summary judgment motion in an action for breach of fiduciary duties, professional negligence and
additional claims by plaintiff-trustee is reversed where defendant's good faith settlement of an underlying malpractice action brought
by trust beneficiaries against him barred plaintiff-trustee's claims.
What is Building Commissioning? Michael Dadjou, PinnacleOne
In essence, building commissioning is similar to the commissioning of a ship. The captain (or, in this case, commissioning
consultant) takes the building for a trial run PRIOR to opening the building for occupancy. The performance of the building is
compared to specifications (and expectations) and areas requiring correction are identified.
Developers Raising Roof Over Rights to Downtown’s ‘Hot’ Air
By ANDY FIXMER Los Angeles Business Journal Staff
There is nearly $100 million worth of thin air sitting on top of the Los Angeles Convention Center – and downtown boosters want the
financially strapped city to cash in on it.
California Appellate Districts
Strebel v. Brenlar Invs., Inc. (01/12/06 - No. A104681)
Judgment of damages for plaintiff in a real estate fraud case involving plaintiff's contract to buy an encumbered house is affirmed
where there was no error in trial court's allowing a jury to include lost appreciation in the value of plaintiff's sold home, and lost use
of plaintiff's property in the measure of recovery.
CIVIL PROCEDURE, CONTRACTS, INSURANCE , & REAL ESTATE
1231 Euclid Homeowners Ass'n v. State Farm Fire & Cas. Co., No B175242 (Cal. 2d App. Dist. January 20, 2006) Summary
judgment for defendant on breach of contract and breach of the implied covenant of good faith and fair dealing claims against
defendant-insurer involving damages resulting from the Northridge earthquake is affirmed where plaintiff-homeowners
association's earlier withdrawal of claims excused defendant from further performance of any coverage obligation under its policy
and precluded plaintiff's claims.
CIVIL PROCEDURE, GOVERNMENT , LANDLORD TENANT , PROPERTY & REAL ESTATE, REMEDIES Carson Gardens, L.L.C. v.
City of Carson Mobilehome Park Rental Review Bd., No B180308 (Cal. 2d App. Dist. January 17, 2006) Trial court order declaring a
decision by defendant-rent control board null and void, and setting a rent increase based on methodology defendant had
considered and rejected is reversed where the trial court exceeded its authority by setting the amount of a rent increase itself
instead of remanding the matter to the board.
PROPERTY & REAL ESTATE
Torres v. Torres, No B179146 (Cal. 1st App. Dist. January 17, 2006) Judgment for defendants in a quiet title action disputing the
validity of a certain power of attorney is affirmed where a valid power of attorney was created even though in using the statutory form
the principal placed an X instead of her initials next to the line conferring the powers.
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
Real Estate Appraiser, Appraiser Los Angeles,Los Angeles Appraiser, Commercial appraisal, Appraiser
Commercial, LA, L.A., Commercial Real Estate Appraiser, Commercial Real Estate Appraisal, Residential
Appraiser, Apartment Appraiser,
Newport Beach Country Club, Inc. v. Founding Members of the Newport Beach Country Club, No G035099 (Cal. 4th App. Dist. June
26, 2006)
When a trial court judgment decides a case on two alternate grounds, and the appellate court affirms based on one ground, the
judgment is binding under principles of res judicata and collateral estoppel only on the ground addressed by the appellate court.
PROBATE, TRUSTS & ESTATES
Estate of Saueressig, No. S129110 (Cal. June 22, 2006)
Probate Code section 6110(c), which requires that a will be signed by two witnesses, requires attestation prior to the testator's
death.
Gilroy Citizens for Responsible Planning v. City of Gilroy, No. H028539 (Cal. 6th App. Dist. June 22, 2006)
Denial of writ petition challenging certification of Environmental Impact Report and approval of construction of a Wal-Mart
Supercenter is affirmed over claims that defendant city: 1) failed to provide the legally-required 45-day notice of availability of the draft
EIR; 2) did not serve the commenting agencies with either responses to comments or the final EIR; 3) failed to complete an initial
study which was necessary before it could rely on a report on economic impacts; and 4) did not follow CEQA's required procedures
in determining whether urban decay impacts should be addressed in the EIR. In addition, the EIR: 5) excluded an analysis of the
Supercenter's blight and urban delay impacts; 6) failed to provide meaningful consideration of proposed mitigation measures; and
7) failed to properly analyze certain traffic impacts.
BANKING , CONSUMER PROTECTION , CRIMINAL & PROCEDURE, INJURY AND TORT , PROPERTY LAW & REAL ESTATE
CTC Real Estate Servs. v. Lepe, No B185320 (Cal. 2d App. Dist. June 21, 2006)
The victim of an identity theft, whose name and other personal information were used without authorization for the purpose of
obtaining a loan secured by a purchase money deed of trust to acquire real property, may, as the only claimant, recover
undistributed surplus proceeds deposited with the court that remained after a trustee sale of the property and the satisfaction of
creditors.
COMMUNICATIONS , GOVERNMENT , PROPERTY & REAL ESTATE, PUBLIC UTILITIES
Sprint Telephony PCS v. County of San Diego , No. D045957 (Cal. 4th App. Dist. June 20, 2006)
Trial court's upholding of defendant county's Wireless Telecommunications Ordinance (WTO) is affirmed over claims that: 1)
wireless telecommunications providers enjoy the privileges conferred by Public Utilities Code section 7901 to install necessary
equipment in a public right of way; and 2) the scope of the privileges accorded by section 7901 preclude local governments from
imposing design and siting restrictions when a wireless telecommunications provider exercises the privilege to place equipment in
a ROW.
CONSTITUTIONAL , GOVERNMENT , TENANT , & 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.
Hotel valuation, Commercial Appraisal, is a taxing issue
Debate centers on how to account for factors like brand recognition Are two hotels, comparable in size, location, age and condition,
worth the same if one is a Ritz-Carlton and the other is an unbranded unknown?
Mayer v. L & B Real Estate, No B180540 (Cal. 2d App. Dist. February 14, 2006)
Judgment quieting title in an action brought by plaintiffs to restore their ownership of commercial property that was sold by a county
tax collector to defendant, real estate company, for unpaid property taxes is reversed where plaintiffs had constructive and actual
notice of the tax sale, and thus had time to comply with a one-year statute of limitations period.
ADMINISTRATIVE , ENVIRONMENTAL , GOVERNMENT , PROPERTY & REAL ESTATE
Hale v. Norton, No. 03-36032 (9th Cir. February 09, 2006)
Denial of a motion for a temporary restraining order and dismissal of plaintiffs' case for lack of subject matter jurisdiction is affirmed
in a case challenging an agency's regulation of plaintiffs' use of a trail crossing federally protected land to access their property
which was surrounded by the federal park at issue.
Howard S. Wright Constr. Co. v. BBIC Investors, LLC (01/31/06 - No. A109876)
Judgment for defendant following a non-jury trial in an action to foreclose a mechanic’s lien recorded against defendant's property
pursuant to a finding that the mechanic's lien was premature and therefore void is reversed where plaintiff recorded its claim of lien
after its contract was completed, upon the anticipatory breach of the other contracting party.
City & County of San Francisco v. Ballard, No A107227, A108569 (Cal. 1st App. Dist. February 02, 2006)
An award of attorney's fees to defendant, a building owner, in an action by a municipality alleging that defendant's building was a
public nuisance is reversed where the statute at issue under which fees were awarded only applies to receivership proceedings,
which did not occur in the case.
GOVERNMENT , LANDLORD TENANT , & REAL ESTATE
Apartment Ass'n of Los Angeles County, Inc. v. City of Los Angeles, No B179133 (Cal. 2d App. Dist. January 31, 2006) Judgment
against defendant-municipality in a declaratory relief action invalidating a municipal ordinance is affirmed where an ordinance
limiting certain charges a landlord could make from tenants in a housing assistance program is affirmed where the ordinance
conflicts with, and is preempted, by another law.
CONSTITUTIONAL , CONSTRUCTION, GOVERNMENT , PROPERTY & REAL ESTATE D & M Fin. Corp. v. City of Long Beach, No
B173977 (Cal. 2d App. Dist. January 31, 2006) Judgment for inverse condemnation in favor of a holder of a security interest in real
property on which defendant-municipality demolished an alleged substandard apartment building is affirmed where defendant
violated plaintiff's due process rights.
ENVIRONMENTAL , GOVERNMENT , & REAL ESTATE
108 Holdings, Ltd. v. City of Rohnert Park, No A108629 (Cal. 1st App. Dist. January 31, 2006) Judgment in favor of defendant-
municipality on plaintiff's, property owner, challenge to certain actions is affirmed where defendant did not unlawfully surrender its
police power or improperly amended its General Plan by entering into a settlement agreement to resolve environmental litigation
brought against it.
Crawford v. Weather Shield Mfg., Inc. (02/01/06 - No. G032301)
Order granting a new trial and judgment of the trial court in a construction defect case involving a window manufacturer are affirmed
where there was no abuse of discretion in the grant of a new trial, the trial court correctly interpreted and adjudicated the subcontract
at issue, and there was no abuse of discretion as to attorneys' fees.
Davis v. Newmar Corp. (02/01/06 - No. B174944)
Judgment for plaintiff on a claim under the Song-Beverly Consumer Warranty Act involving plaintiff's purchase of a mobile home is
reversed where the trial court erred in denying a pretrial motion to dismiss since the Act applies only to vehicles sold in California
and plaintiff's motor home was not sold in California.
California Appellate Districts
ATTORNEY'S FEES, CIVIL PROCEDURE, COMMERCIAL , CONSTRUCTION, CONTRACTS, MANUFACTURING, PRODUCT
LIABILITY, PROPERTY & REAL ESTATE
Crawford v. Weather Shield Mfg., Inc., No G032301 (Cal. 4th App. Dist. February 01, 2006)
Order granting a new trial and judgment of the trial court in a construction defect case involving a window manufacturer are affirmed
where there was no abuse of discretion in the grant of a new trial, the trial court correctly interpreted and adjudicated the subcontract
at issue, and there was no abuse of discretion as to attorneys' fees.
The National Association of Realtors is protesting rulings by the Office of the Comptroller of the Currency that the trade group says
"will inevitably lead to national banks becoming actively involved in real estate development and brokerage." The OCC regulates
banking activities.
Taxpayer Alert for Property Tax Assessor Records Corp.
This is an alert concerning a company that may be sending misleading letters to taxpayers. The company, Property Tax Assessor
Records Corp. sends forms and letters to Los Angeles, Riverside and San Diego county property owners telling them that they have
not filed Homeowners’ Exemption forms and they are entitled to file them. In many cases, these letters are sent to people who are
not entitled to the exemption or to property owners who have already filed for the exemption. For a fee, the company offers to file a
claim for exemption on the property owners’ behalf. The assessor’s office does NOT charge a fee to file the homeowners’
exemption claim form.
ADMINISTRATIVE , CIVIL PROCEDURE, CONSTITUTIONAL , ENVIRONMENTAL , GOVERNMENT , & REAL ESTATE
Dunn v. County of Santa Barbara, No B175149 (Cal. 2d App. Dist. January 25, 2006)
Judgment on the pleadings for defendant-county on regulatory takings claims, and constitutional and civil rights claims involving
defendant's determinations as to a subdivision application is reversed where those claims are ripe for adjudication because
defendant issued what amounted to a final decision, and the permissible use of the property is known to a reasonable degree of
certainty.
COMMERCIAL , CONSTITUTIONAL , ENVIRONMENTAL , GOVERNMENT , & REAL ESTATE, RETAIL Wal-Mart Stores, Inc. v. City of
Turlock, No. F047372 (Cal. 5th App. Dist. April 05, 2006)
Order denying a writ of mandate regarding a city zoning ordinance prohibiting the development of "big box" retail stores containing a
full service grocery department is affirmed over a claim that defendant city unconstitutionally exceeded its police powers and failed
to comply with the California (Appraiser, sic) Environmental Quality Act. Commercial Appraiser
First Ave. W. Bldg., LLC v. James (02/23/06 - No. 04-35324)
District court order permitting a bankrupt tenant's trustee to pursue recovery from the landlord of damages up to the full amount of
the tenant's security deposit, including a letter of credit, is affirmed where: 1) the landlord forfeited a timeliness issue; 2) rejection of
a lease did not bar the trustee's action; and 3) the bankruptcy court clearly erred in finding it had no jurisdiction over the claim.
Benavides v. State Farm Gen. Ins. Co. (02/23/06 - No. B179028)
Judgment entered against defendant-insurer on a negligent investigation claim after a jury trial in an action based on the presence
of mold in condominium units is reversed where plaintiff could not recover for the negligent handling of her claim because there
was no coverage under the terms of the policy, and none of the circumstances which allow for a contract claim to be pursued as a
tort cause of action were present.
JAMES C. MCDANIEL,
Plaintiff-Appellant, No. 94-17158
v. D.C. No.
CV-93-00262-JET
APPRAISAL INSTITUTE, MAI
The case was a simple condemnation in Connecticut, Commissioner of Transportation v. Candlewood Valley Country Club, Inc.
(2005 Conn. Super. LEXIS 3308, November 29, 2005). The state needed to take a portion of the Country Club for a road widening,
and after conducting what appeared to be a simple appraisal, offered the Club $109,000. The Club countered with its own appraisal
at $390,000. The court, reviewing the condemnation, used the phrase “lowest and worst” to describe the State’s appraisal, and
awarded the Club more-or-less what they asked for, plus appraisers’ fees and interest.
Real Estate Appraiser, Appraiser Los Angeles,Los Angeles Appraiser, Commercial appraisal, Appraiser
Commercial, LA, L.A., Commercial Real Estate Appraiser, Commercial Real Estate Appraisal, Residential
Appraiser, Apartment Appraiser,
THE NATIONAL NOISE PROBLEM
Since 1973, the Department of Housing and Urban Development (HUD) (39)* has conducted an Annual Housing
Survey for the Census Bureau in which noise has been consistently ranked as a leading cause of neighborhood
dissatisfaction. In fact, nearly one-half of the respondents each year have felt that noise was a major
neighborhood problem (see Figure 1-1). In the 1975 survey, street noise was mentioned more often than all other
unwanted neighborhood conditions. This survey has also shown that aircraft and traffic noise are leading factors
in making people want to move from their neighborhoods. Approximately one-third of all the respondents who
wished to move because of undesirable neighborhood conditions, did so because of noise.
ALABAMA
AL
ALASKA
AK
AMERICAN SAMOA
AS
ARIZONA
AZ
ARKANSAS
AR
CALIFORNIA
CA
COLORADO
CO
CONNECTICUT
CT
DELAWARE
DE
DISTRICT OF COLUMBIA
DC
FEDERATED STATES OF MICRONESIA
FM
FLORIDA
FL
GEORGIA
GA
GUAM
GU
HAWAII
HI
IDAHO
ID
ILLINOIS
IL
INDIANA
IN
IOWA
IA
KANSAS
KS
KENTUCKY
KY
LOUISIANA
LA
MAINE
ME
MARSHALL ISLANDS
MH
MARYLAND
MD
MASSACHUSETTS
MA
MICHIGAN
MI
MINNESOTA
MN
MISSISSIPPI
MS
MISSOURI
MO
MONTANA
MT
NEBRASKA
NE
NEVADA
NV
NEW HAMPSHIRE
NH
NEW JERSEY
NJ
NEW MEXICO
NM
NEW YORK
NY
NORTH CAROLINA
NC
NORTH DAKOTA
ND
NORTHERN MARIANA ISLANDS
MP
OHIO
OH
OKLAHOMA
OK
OREGON
OR
PALAU
PW
PENNSYLVANIA
PA
PUERTO RICO
PR
RHODE ISLAND
RI
SOUTH CAROLINA
SC
SOUTH DAKOTA
SD
TENNESSEE
TN
TEXAS
TX
UTAH
UT
VERMONT
VT
VIRGIN ISLANDS
VI
VIRGINIA
VA
WASHINGTON
WA
WEST VIRGINIA
WV
WISCONSIN
WI
WYOMING
WY
CERTAIN CLIENT INSTRUCTIONS should alert counsel to consider taking
a different tack. Real estate practitioners must be particularly wary
when they hear, “Don’t nit pick the document, just make the deal.”
Or, “Forget about the condemnation provision—this property will
never be taken.” Wise counsel know that in every real property
transaction, it is worthwhile to pause, concentrate, and get everything
right when it comes to the issue of eminent domain.
As California’s population continues growing and the competition
for the use of its real estate becomes keener, cities and other governmental
agencies are reaching more frequently for their eminent
domain tool. They are doing so as a means to expand their educational
infrastructure,1 upgrade their economic base through the addition
of new retail stores or other projects that generate high revenue
and jobs, and mitigate ever-growing transportation woes. The U.S.
Supreme Court’s recent decision in Kelo v. New London2 constitutes
icing on the condemnor’s cake and raises the specter of condemnation
in virtually all real estate transactions.
Real Estate Appraiser, Appraiser Los Angeles,Los Angeles Appraiser, Commercial appraisal, Appraiser
Commercial, LA, L.A., Commercial Real Estate Appraiser, Commercial Real Estate Appraisal, Residential
Appraiser, Apartment Appraiser,
HousingBuilding Codes and Standards
California Building Standards Code (Title 24) - California Building Standards Commission
Find information on the Building Standards Code, how to purchase or where to read. Learn about the agency
which regulates areas such as health, fire and panic safety, employee safety, energy conservation, and
handicapped accessibility in the California building industry.
Hotel, Motel, Apartment and Manufactured Housing Construction - California Department of Housing and
Community Development: Division of Codes and Standards
The Division of Codes and Standards 1) administers programs related to the regulation and inspection of
manufactured housing construction in the State of California, and 2) develops statewide building standards for
new construction and adopts regulations for maintenance, use, occupancy, repair, alteration, moving and
demolition of hotels, motels, lodginghouses, apartments, dwellings and more.
Financing Housing Services - California Housing Finance Agency
Become familiar with the services of the CalHFA to assist first-time homebuyers and to finance below-market rate
loans for safe, decent, and affordable rental housing.
Single Family First-Time Homebuyers - California Housing Finance Agency
Explore the CalHFA's Single Family Ownership programs to provide affordable housing opportunities by offering
below-market interest mortgage loans to very low-to-moderate income first-time homebuyers.
Landlord or Tenant Rights and Responsibilities - California Department of Consumer Affairs
Gain an understanding of what your rights and responsibilities are in California if you are a renter or a landlord.
California Courts Self-Help Center - Judicial Council of California
Find legal assistance, learn about California law, and how to represent yourself in some legal matters. This site
does not provide legal advice.
County Property Assessors - California State Board of Equalization
This link provides a complete listing of California County Property Assessors.
Real Estate and Financial Services Licenses - California Department of Real Estate
Use this web site to find information about real estate and financial services licenses, laws, regulations and
enforcement actions. The Department of Real Estate, the Office of Real Estate Appraisers, the Department of
Corporations and the Department of Financial Institutions regulate most of the real estate and financial services in
California.
California Property Taxes Law Guide - California State Board of Equalization
Find out more about the laws, rules, and court cases involved in property taxes. Read annotations that contain
analysis of the laws, rules, and significant court cases.
Real Estate Appraisers - California Office of Real Estate Appraisers
Be informed about your real estate appraiser, check the status of an appraiser's license, and know where to go to
file a complaint.
Economic Data and Consumer Price Indexes in California - California Department of Finance
Obtain data on the Gross State Product, business and personal income, minimum wage, poverty guidelines,
consumer expenditures, and the Consumer Price Index in selected areas.
Castaic Lake Water Agency and Newhall County Water District Approve Bermite Settlement
By Frederic A. Fudacz
Castaic Lake Water Agency, Newhall County Water District, Santa Clarita Water Company and Valencia Water
Company have settled their lawsuit against the current and past owners of the former Bermite industrial site and
approved a settlement agreement to remove perchlorate from the Santa Clarita Valley’s groundwater aquifers.
The water agencies estimate this settlement, when added to past settlements, provides up to $100 million.
Acting as counsel for these water agencies, Nossaman, Guthner, Knox & Elliott filed the lawsuit in November 2000
after perchlorate was discovered in five wells, which were immediately shut down. The water agencies contended
the pollution came from the former Bermite site located in the City of Santa Clarita. The 996-acre site was used
for decades to manufacture dynamite, fireworks and munitions. Perchlorate compounds are used in the
manufacture of explosives, munitions and rocket fuel.
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| We Make a Simple Pledge to Communicate, in a timely Fashion, each appraisal, analysis, and opinion without bias or partiality Abstain from behavior that is deleterious to our clients, the appraisal profession, and the public Hold paramount the confidential nature of the appraiser/consultant - client relationship and Comply with the requirements of the Uniform Standards of Professional Appraisal Practice and the Code of Professional Ethics of the National Society of Real Estate Appraisers |
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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. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. |
| The Harris Company, Real Estate Appraiser / Consultant 5780 West Centinela Avenue, Building 1, Suite 408 Los Angeles, California 90045 310.337.1973 harris_curtis@sbcglobal.net |
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