Miller Starr Regalia

ASSOCIATIONS
Bill is current advisor to, and former co-chair of, the Executive Committee of the Real Estate Section of the California State Bar.  He is a member of the California Redevelopment Association, the Urban Land Institute, the International Council of Shopping Centers and other professional organizations.

Bill speaks regularly on subjects relating to land use, redevelopment and other real property issues, and has published numerous articles in his areas of practice.  He is also co-author of the "Community Redevelopment" , "Eminent Domain", and "Inverse Condemnation" chapters of the authoritative Miller & Starr, California Real Estate 3d.

Bill does pro bono work both through local bar associations and independently for community organizations such as the Alameda Development Corporation and Habitat for Humanity.  He also serves as a judicial arbitrator for the Santa Clara Superior Court.

REPRESENTATIVE MATTERS
Hacienda Ranch Homes v. Superior Court (2011)_Cal.App.4th_
Successfully represented co-tenant of commercial property in defending claims based on tax deed irregularity and adverse possession.

City of Emeryville Redevelopment Project
Represented landowner in Polanco Act proceeding in which landowner sought contribution from Sherwin-Williams for clean up costs.  (Sherwin-Williams Company v. City of Emeryvilleand Emeryville Redevelopment Agency (9th Cir. 2010) 621 F.3d 1251.)

Forster-Gill v. Bradshaw Landing, et al.
Defended developer and landowner in connection with land use and CEQA challenges to proposed 400,000 square foot commercial/retail development. CEQA claims dismissed based on failure to timely request hearing.  (County of Sacramento v. Superior Court (2009) 180 Cal.App.4th 943.)

City of Marina v. Board of Trustees of California State University
Represented California State University in writ of mandate action involving land use issues and CEQA approvals relative to the Campus at Monterey Bay.  Prevailed on land use consistency issues.  (City of Marina v. Board of Trustees of CSU (2003) 109 Cal.App.4th 1179 [Court of Appeal], Supreme Court review (2006) 39 Cal.4th 341 [Supreme Court].)

City of King v. Community Bank
Defended Community Bank of California in action by redevelopment agency to avoid resort to collateral for a multi-million dollar community development loan.  Judgment was in favor of client following trial and appeal.  (City of King City v. Community Bank of Central California (2005) 131 Cal.App.4th 913.)

Syufy Enterprises v. City of Oakland
Represented theater owner and sublessee in eviction action arising from bankruptcy of master lessee.  Successfully challenged summary eviction. (Syufy Enterprises v. City of Oakland (2003) 104 Cal.App.4th 858.)

People v. One Parcel of Land
Represented building owner in forfeiture action relating to apartment building, resulting in judgment in favor of client following court trial and appeal.  (People v. One Parcel of Land (1991) 235 Cal.App.3d 579.)

Peralta Community College District
Represented community college district in eminent domain proceeding for acquisition of site for new community college in downtown Berkeley.  Property was successfully acquired and college was built on site.

City of Arcata v. Humboldt State University
Defended Universityin CEQA challenge relative to addition of new facilities.  Judgment was in favor of University following trial and appeal. 

Contra Costa Retail Center v. Bally
Represented landlord in breach of lease action against tenant arising from “net worth” warranties in lease.  Judgment entered in favor of client following trial and appeal.

Century Theatres v. Lincoln-Larkspur Office
Prosecuted case for preliminary injunction and for injunctive and related relief relative to interference with theater operation.  Injunction issued in favor on behalf of theater operator client; matter settled favorably thereafter.

Committee for Responsible Cinema Project v. City of San Mateo
Represented real party in CEQA action seeking to set aside approvals of theater project in downtown San Mateo.  Judgment was in favor of client following trial.

Shapell v. Lunardi
Represented major grocer in connection with claim relative to “continuous operation” covenant in commercial lease. Defeated application for injunction to enforce provision.  Case resolved on favorable terms thereafter.

Elissagaray v. County of San Joaquin
Represented commercial property owner in connection with adverse claim by purchaser at tax sale.  Judgment entered in favor of client following trial with respect to full property interest claimed.

CCRC v. ICI
Represented co-owner of retail center in writ proceeding challenging land use/CEQA approvals relative to adjoining property.  Ruling in favor of client to set aside approvals following hearing on the merits.

Richmond Redevelopment Agency v. Swinerton
Represented redevelopment agency in connection with action for breach of development contract related to redevelopment project.  Resolved by settlement favorable to Redevelopment Agency.

City of Rialto v. Department of Defense
Defended municipality in federal cost recovery actions involving TCE and perchlorate contamination in the Rialto/Colton basin.

Confidential
Represented commercial landowner in connection with Polanco Act proceedings brought by redevelopment agency for cleanup of property, and for acquisition of property.  Obtained judgment in favor of client on Polanco Act claim based on lack of adequate notice.

Gasoline Alley v. Stadium Promenade
Represented landlord in dispute involving alleged breach of non-competition clause in commercial lease agreement relating to simulated car racing facility.  Judgment entered in favor of client following jury trial.

KTW Properties v. City of San Mateo
Represented property owner and developer in inverse condemnation action against municipality.  Resulted in favorable settlement.

Pleasant Hill Center/CalTrans
Represented owner of shopping center in connection with condemnation proceeding brought by CalTrans in connection with the widening of Interstate 680.  Favorable judgment for  client following jury trial.

ALTA Mortgage Impairment Matters
Represented American Land Title Association in litigation in federal and state court involving issuance of mortgage impairment/lien priority insurance by non-licensed insurers.

Hanson v. Moss Codilis/In re Ocwen Federal Bank Mortgage Servicing Litigation
Counsel for defendant in class action/federal multi-district litigation relative to mortgage servicing issues.

Confidential
Represented owner of $30,000,000 office building in action by limited partner alleging partnership interest. Obtained summary judgment in favor of clients based on lack of adequate notice.

Pacific Plaza v. HPMC
Represented theater tenant in arbitration relating to challenge to management fees and level of maintenance of commercial shopping center.  Arbitration award and judgment entered in client’s favor.

PUBLICATIONS/ARTICLES/NEWS
Crumbling Edifice:  California Redevelopment Agencies Face Uncertain Future, The Registry, September 2011.

Dual Representation and Due Process:  Maintaining the Line Between Advocate and Advisor in Land Use Proceedings (February 2010) California Land Use Law & Policy, Vol. 19, No. 5 [consultant]

Courts Conflict on Requiring Public Use to Support Taking, San Francisco Daily Journal (September 1, 2004).

Take This!  A Road Map Through a Regulatory Takings Claim (Fall 2003) Cal. Real Property Journal, Volume 21, No. 4.

Priority Matters, Los Angeles Lawyer (March 1998), Volume 21, No. 1.

Competing for Control, Urban Land (October 2003).

SLAPP Happy:  An Analysis of California’s Anti-SLAPP (Strategic Lawsuits Against Public Participation) Statute, Miller & Starr, Real Estate NewsAlert (West Thompson, November 2004).

A Takings Trifecta:  The Supreme Court’s Lingle, San Remo and Kelo Decisions, Miller & Starr, Real Estate NewsAlert (West Thompson, September 2005).

The Government Is Always Right:  The Supreme Court Tackles Takings (Spring 2006), Vol. 24, No. 1.

Grafton Partners:  Juries Make A Comeback (January 2006) CEB Real Property Law Reporter, Vol. 29, No. 1.

Continuous Operation Covenants in California (Winter 2008) California Real Property Journal, Vol. 26, No. 4 [Consultant].

Illusory Interest - No Recovery in Condemnation for the Taking of a Pipe Dream, San Francisco Daily Journal, January 6, 1999

Miller & Starr, Cal. Real Estate (3d. ed. 2011) Chapter 30A, "Eminent Domain" [co-author].

Miller & Starr, Cal. Real Estate (3d. ed. 2001) Chapter 30B, “Community Redevelopment” [co-author].

Miller & Starr, Cal. Real Estate (3d. ed. 2001) Chapter 30, “Inverse Condemnation” [co-author]. 

California Mortgage & Deed of Trust Practice Guide (Cont. Ed. Bar 1997), Chapter 9, “Lien Protections.”  [Author]

California Mechanic’s Liens and Related Construction Remedies (3d ed. Cont. Ed. Bar 3d ed.), “Representing Owner” [Consultant].