The Real Estate & Environmental Law Blog

The New York Times article  highlights two recent cases focusing on the behavior of banks in the loan administration and collection process and ruling in favor of borrowers. In one case the judge concluded the bank “abused” the borrowers and in another that it “forged” documents.  Both cases, however, seem to essentially come back to a consistent theme: David usually prevails over Goliath. It takes a few years for cases to get to the point…
A California Court of Appeals recently opined on what appear to be fairly normal yield maintenance provisions. The Borrower defaulted. The bank accelerated the note and later foreclosed. The note provided that the prepayment fee was due whenever the “debt was paid.” By contrast, the deed of trust said that the prepayment fee was due when the loan was accelerated. The loan documents provided that the language of the note would prevail. While the language…
The California Office of Environmental Health Hazard Assessment’s  (OEHHA)  2014  proposed regulations to revise  Proposition 65 warnings has been widely panned by industry critics.  The overhaul was requested by Governor Brown last year when a related effort to gain a consensus on proposed rules was unsuccessful.  The proposed rules contain requirements for identification of specific chemicals in the warnings, warnings for food products, pharmaceutical and medical devices as well as creating a global web site for information.…
The USDA has issued a new “strategy” document that outlines the agency’s direction with regard to implementing the Food Safety Modernization Act (“FSMA”).  The document is intended to “to guide the next phase of FSMA implementation by outlining broadly the drivers of change in FDA’s approach to food safety and the operational strategy for implementing that change.” The strategy includes agency internal changes as well as purporting to be a guide to the rules regarding…
David Gabor is a shareholder at Weintraub Tobin. He is a trial lawyer and represents production companies, infomercial companies, direct response companies and multi-level marketing organizations asto both operational and compliance matters. In particular, David is focused on advertising and compliance issues, including FTC counseling and litigation, class actions, and multi-agency governmental compliance involving the marketing and sale (over multiple media platforms) of various products including educational and health-related products. Thomas Jefferson once famously warned that,…
DTSC on Thursday March 13, 2014 announced the first three Priority Products under the Green Chemistry Regulations.  The manufacturers of these products that sell into California are now on a regulatory time schedule to try to find alternatives to the use of the identified chemicals in the specified products.  We have set out this timetables from some of our prior blogs below. The three products include children’s foam padded sleeping products containing TDCPP (chlorinated Tris),…
The Office of Environmental Health Hazard Assessment (OEHHA) under the auspices of Governor Brown’s declaration in May 2013 (after a failed legislative effort)  that he would further reform Prop 65, last week OEHHA released the proposed regulations with respect to Prop 65 warnings. Regulations can be found here.  A workshop is scheduled for April 14, 2014. We would encourage all interested parties to appear and comment. The legislative effort last year was stalemated by the…
The following is a recap of trends as to targets of recent California Proposition 65 litigation. As anyone who has been named in such a suit can attest, it is important to understand the legal landscape so that a potentially affected entity can be in position to be ahead of the next potential wave of Prop 65 lawsuits. This is particularly true insofar as, historically, the enforcement bar (read: “bounty hunters”) finds one kind of…
Professor Michael L. Marlow of Cal Poly San Luis Obispo recently published a preview of his paper on cancer rates and Proposition 65 entitled, “Too Much (Questionable) Information?” See Wall Street Journal, page A13, January 21, 2014. Proposition 65 is the popular name for the California Safe Drinking Water and Toxic Enforcement Act of 1986, codified at California Health & Safety Code section 25249.7, et seq. This now-infamous California voter initiative is why California residents…
According to the California Environmental Insider, Governor Brown’s 2014-15 draft budget contains a proposal to allocate almost $800,000 to OEHHA (Office of Environmental Health Hazard Assessment) to revise the Prop 65 regulations and to finance the development of a website to provide detailed information about listed chemicals. Also according to CEI there does not appear to be current plans by the Governor’s office to amend the statute as was attempted this year. As we indicated…