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Spring CEQA roundup

Miller Starr Regalia
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USA
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March 20 2013

Spring is here, and it seems the judicial, legislative and executive branches of government have all been busy trying to "clean up" CEQA and related

California affirms equitable exceptions to the “merger doctrine”

Miller Starr Regalia
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USA
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April 17 2013

The merger doctrine is not absolute and its application will depend upon the equities and the parties' intentions, the California Court of Appeal

Laches does not preclude a prescriptive easement claim

Miller Starr Regalia
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USA
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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

CEQA roundup: Supreme Court grants and holds in City of Hayward; lengthy answer brief submitted in Berkeley Hillside Preservation; Senator Steinberg aims for 2013 reform

Miller Starr Regalia
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USA
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October 25 2012

As Halloween approaches, there is a “mixed bag” of CEQA developments to briefly note

Neither failure to name trustee in deed of trust nor absence of the original note will invalidate a nonjudicial foreclosure sale Shuster v. BAC Home Loan Servicing, L.P. (2012) 211 Cal.App.4th 505

Miller Starr Regalia
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USA
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January 14 2013

In this recent Court of Appeal opinion, an issue of first impression in California was addressed: That is, can a borrower seek to set aside a

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

Miller Starr Regalia
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USA
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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

One-stop shop? Court finds no violation of California’s notary statute limiting fees charged for “taking an acknowledgement” where additional services provided

Miller Starr Regalia
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USA
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February 8 2013

A California court has confirmed that notaries who provide services additional to notarizations may charge for such services without violating the fee

California Supreme Court recognizes enforceability of mandatory arbitration clause recorded in CC&Rs in construction dispute between developer and owners' association

Miller Starr Regalia
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USA
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August 16 2012

The California Supreme Court has issued its long-anticipated decision in Pinnacle Museum Tower Association v. Pinnacle Market Development (U.S.), LLC, et al

Marketability of title: in reaffirming Hocking, the Court of Appeal in Dollinger draws a clear distinction between market value and marketable title

Miller Starr Regalia
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USA
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October 11 2012

Market value and marketable title are not synonymous

Appellate courts prohibit entry of default judgments in quiet title actions and hold that a defendant whose default has been taken has the right nevertheless to fully participate in the quiet title evidentiary proceeding

Miller Starr Regalia
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USA
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October 9 2012

Two recent California Appellate Court cases confirm that default judgments are prohibited in quiet title actions because C.C.P. 764.010 requires an evidentiary hearing to establish “plaintiff’s title” and “hear evidence offered respecting the claims of any of the defendants.”

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