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First District holds CEQA remedies provision allows Park District’s eminent domain action to proceed pending preparation of project EIR so long as property not actually acquired

Miller Starr Regalia
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USA
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April 24 2013

In Golden Gate Land Holdings LLC v. East Bay Regional Park District (41213 1st Dist., Div. 5) _____ Cal.App.4th _____, 2013 WL 1491547, the First

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

Residential project exempt from CEQA review under Government Code Section 65457 as consistent with specific plan for which program EIR previously certified

Miller Starr Regalia
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USA
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April 10 2013

In a recently published opinion construing Government Code 65457's exemption from environmental review for a residential development

California high-speed rail - what you need to know

Miller Starr Regalia
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USA
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February 4 2013

The California High-Speed Rail Authority (“HSR”) plans to build an 800-mile high-speed rail system stretching from San Francisco to Los

Courts do not have the power to terminate an express road and utilities easement based on a finding they may not be necessary

Miller Starr Regalia
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USA
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January 25 2013

In Scruby v. Vintage Grapevine, Inc. (1995) 37 Cal.App.4th 697, the Court of Appeal held that the owner of the dominant tenement accessed by a

Failure to conduct face-to-face interview with borrower precludes nonjudicial foreclosure sale under FHA loan Pfeifer v. Countrywide Home Loans, et al. 2012 WL 6216039 (Cal.App. 1st Dist.) (rev. filed January 2, 2013)

Miller Starr Regalia
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USA
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January 18 2013

California courts have to date been reluctant to inject themselves into the comprehensive nonjudicial foreclosure scheme enacted by the Legislature

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 case involving CEQA’s “unusual circumstances” exception to categorical exemptions now fully briefed by parties; amicus briefs are up next in Berkeley Hillside Preservation matter

Miller Starr Regalia
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USA
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December 14 2012

The Respondent City of Berkeley and Real Parties (Kapors) filed their joint Reply Brief on the Merits in the California Supreme Court in a much-watched categorical exemption case, Berkeley Hillside Preservation, et al. v. City of Berkeley, et al. (No. S201116

Identifying red flags to avoid fraud in an escrow

Miller Starr Regalia
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USA
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November 16 2012

Few people would risk closing any real estate transaction without using the services of the neutral party known as an escrow holder

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

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