January Hathaway Duke Archives

The Trigger List

We’ve covered this before, but wanted to point out a piece from this Sunday’s Strib that shines a little more light on the Triggers program. For those not familiar, the Triggers program is sort of the dirty little secret of the credit repositories (Equifax, Experian, Transunion.) Here’s how it works: Any time you apply for a loan, that information, along with a slew of other personal, private data is immediately sold (over and over again) to other lenders, which often use rather unsavory tactics to trick you into doing business with them. For instance:Anne Carter of St. Louis Park received…

New State Fees For Water Rights Permits and Licenses Unconstitutional Due To Failure To Demonstrate Reasonable “Proportionality” To Fee Payors

California Farm Bureau Federation et al. v. California State Water Resources Control Board, (January 17, 2007, C050289) __ Cal.App.4th__ http://www.courtinfo.ca.gov/opinionsBy David P. Lanferman and Ella Foley-GannonThe Court of Appeals for the Third Appellate District has declared that regulatory fee schedules…

A Public Entity’s Determination That A Subcontractor Could Be Substituted Under Public Contracts Code Section 4107 Is Denied Preclusive Effect In Subsequent Litigation

Kemp Bros. Construction, Inc. v. Titan Electric Corp. (2007) Cal.App.4th By Thomas B. Snyder In this case, Kemp was a prime contractor on two public works projects for the Los Angeles Unified School District ("LAUSD").  It subcontracted the electrical work to Titan…

California Department of Industrial Relations Expands Prevailing Wage Coverage

By Richard M. FreemanIn December, 2006, the Departmentf Industrial Relations adopted a new, official position which could adversely affect the real estate development and construction community.  Its new position is that any type of public subsidy, waiver of permitting fees,…

Appeals Court determines that a contract for the sale of two undivided parcels was void in violation of the Subdivision Map Act.

Black Hills Investments, Inc. v. Albertson’s, Inc. January 12, 2007 By Thomas B. Snyder On November 22, 2004, Black Hills entered into a contract to purchase two parcels of real property in a retail shopping center.  At the time of the contract,…

St. Paul Blog Love

We’ve been seriously remiss in not linking to Teresa Boardman’s most excellent Saint Paul Real Estate Blog more often (her image at right, natch.) Teresa, smart blogger that she is, hit upon a great way to snap our attention into the proper orbit - by stroking our ego. So a big thanks to Teresa for her kind words and for including us in such great company in her recent 10 Good Men post (her top ten list of fave consumer focused blogs.) So, head over to the Saint Paul Real Estate Blog and read about how wonderful we are and…

How To: Pick the Right Condo

One question we’ve been getting a lot lately of goes something like this: We want to buy a condo, but how do we know that we have picked the right condo project? In other words, once getting beyond the obvious qualifiers of price and general location (downtown? suburban?) how should one consider the seemingly endless list of other characteristics. There’s the physical: highrise? many or fewer units? converted historic building or new construction? The intangible: Who manages the association? Does the developer know what they are doing? And the unkowable: Will my view stay forever? Will people want the 2007…

CEQA Violated Where City Determined No Additional Environmental Review Required For Wal-Mart Supercenter

American Canyon Community United for Responsible Growth v. City of American Canyon et al. (November 17, 2006; certified for partial publication December 18, 2006, A111278) __ Cal.App.4th__ http://www.courtinfo.ca.gov/opinionsBy Lori WiderIn this case, the Court of Appeal determined that the City…