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Results: 11-20 of 162

Supreme Court will review CEQA categorical exemption exception in Berkeley Hillside Preservation case

  • Miller Starr Regalia
  • -
  • USA
  • -
  • May 23 2012

On May 23, 2012, the California Supreme Court by unanimous vote granted respondents’ and real parties’ petition for review of the First District Court of Appeal’s published decision in Berkeley Hillside Preservation, et al. v. City of Berkeley, et al. (21512 ___ Cal.App.4th ___, Case No. A131254), which held that substantial evidence of a fair argument of a potentially significant environmental impact automatically satisfies the “unusual circumstances” exception, and thus precludes reliance on a CEQA categorical exemption

Laches does not preclude a prescriptive easement claim

  • Miller Starr Regalia
  • -
  • USA
  • -
  • October 26 2012

Every so often, that ancient and seemingly out-dated distinction between legal and equitable claims (and defenses) derived in the English Chancery Courts hundreds of years ago rears its head and reminds all attorneys that those distinctions between legal and equitable claims are still relevant

EBMUD ordinance affects title & escrow procedures in certain areas in Northern California

  • Miller Starr Regalia
  • -
  • USA
  • -
  • August 2 2011

East Bay Municipal Utility District (“EBMUD”) recently enacted the Regional Private Sewer Lateral Ordinance No. 311 (the “Ordinance”

Priority for deeds of trust recorded simultaneously

  • Miller Starr Regalia
  • -
  • USA
  • -
  • September 25 2012

As the financial and housing markets headed toward freefall in September of 2008, an enterprising homeowner named Kyung Ha Chung applied for two loans, from two lenders, to be secured by two deeds of trust against her house

Spying on history: insuring your title as a history detective

  • Miller Starr Regalia
  • -
  • USA
  • -
  • September 21 2012

I bet the first thing to come to your mind when I say “title insurance” is not detective work

Lenders beware! Seller subordination agreement ahead

  • Miller Starr Regalia
  • -
  • USA
  • -
  • August 30 2013

In Citizens Business Bank v. Gevorgian (2013) 218 Cal.App.4th 602, the Court declined to enforce a subordination agreement, where modifications to

Missing CEQA statute of limitations is not excusable neglect, Third District holds

  • Miller Starr Regalia
  • -
  • USA
  • -
  • May 1 2013

In its terse, no-nonsense opinion in Alliance For the Protection of the Auburn Community v. County of Placer, et al. (2013) 215 Cal.App.4th 25

Supreme Court will review CEQA decision from Fifth District in Wal-Mart citizen initiative case

  • Miller Starr Regalia
  • -
  • USA
  • -
  • February 15 2013

After receiving three separate petitions for review, including petitions from real parties Wal-Mart Stores, Inc. and the City of Sonora, the

Navigating between CEQA’s Scylla and Charybdis: First District applies Save Tara analysis and rejects claims of improper project “preapproval” in Neighbors For Fair Planning v. City and County of San Francisco

  • Miller Starr Regalia
  • -
  • USA
  • -
  • July 16 2013

One of the most vexing issues arising under CEQA, particularly in cases of projects involving public-private partnerships or projects requiring

CEQA doesn’t require the killing of mice with missiles: non-prejudicial notice errors do not require project set-aside

  • Miller Starr Regalia
  • -
  • USA
  • -
  • October 25 2011

CEQA’s information disclosure provisions are so integral to its statutory scheme that conventional harmless error analysis does not apply