• 12.01.15

    Newhall Ranch Project Dealt Supreme Court Setback

    The California Supreme Court released its long-awaited opinion in Center for Biological Diversity v. California Department of Fish and Wildlife on Monday, November 30.

  • 11.18.15

    How to Get in on the Offshore Fund Flow to the U.S.

    A recent report estimates that foreign investors are expected to spend more than $70 billion on U.S. commercial real estate in 2015.

  • 11.05.15

    CEQA Baseline Can Consider Historic Levels of Use

    This case addresses an important issue under CEQA relating to the development of the existing conditions baseline against which project impacts are measured.

  • 10.21.15

    Restrictions on Condominium Conversions

    Now that the recession is beginning to become a memory of the past, the demand for housing is on the rise, and with it is the explosive interest in the multifamily market.

  • 10.01.15

    Use It or Lose It: San Clemente Required to Refund $10 Million in Unused Impact Fees

    In a strict reading of a local agency’s responsibilities under the Mitigation Fee Act (Gov’t Code §§ 66000 et seq.), the Court of Appeal held that San Clemente’s failure to make the proper findings under the Act to retain almost $10 million in mitigation fees collected ...

  • 09.15.15

    Can You Keep a Secret?

    Most real estate deals begin with a letter of intent defining the principal terms of the deal, the only enforceable paragraph of which is an agreement to keep the transaction strictly confidential.

  • 09.02.15

    Substance Over Form—A Refreshing Application of CEQA Analysis

    The Court of Appeal in City of Irvine v. County of Orange elaborated upon the rules dictating when a supplemental EIR, as opposed to a subsequent EIR, analysis is appropriate, concluding that substance controls over title when deciding if the correct level of analysis was utilized.

  • 08.12.15

    Is Your Lease Financeable?

    It is often the case that parties enter into a lease thinking it is a temporary use of space by the tenant, which frequently amounts to nothing more than an expense line item on the budget.

  • 08.05.15

    CSU Cannot Avoid Off-Site Traffic Mitigation Payments Because Legislature Failed to Approve Funds

    The California Supreme Court has clarified language from its prior decision in City of Marina v. Board of Trustees of California State University (2006) 39 Cal.4th 341 by concluding that a state agency that has an obligation to make fair-share payments to mitigate off-site traffic impacts of a ...

  • 07.08.15

    As-Is Deals May Not Be So As-Is

    To avoid litigation over mistaken or misinterpreted statements made in the course of negotiations, owners of real property rely on “as-is” and “independent investigation” clauses in their real estate contracts and leases.

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