California Easements and Boundaries: Law and Litigation About the Authors DAVID G. BOSS, coauthor of chapters 3 and 9, is a shareholder in the law firm of The Boss Law Firm, ALPC, San Diego. He represents title insurers and institutional clients in matters concerning governmental regulation and police powers affecting real property, including real property development, tax and assessment issues, and related disputes. Mr. Boss received his B.A. degree from the University of California (Los Angeles) in Economics in 1981 and his J.D. degree from the University of San Diego School of Law in 1984. PETER BRIAN BOTHEL, coauthor of chapters 3 and 9, was a senior associate with the firm of Cassidy, Shimko & Dawson, San Francisco. Now deceased, Mr. Bothel practiced in the real property law areas of acquisitions and financing, commercial leasing, and other real estate transactions. He also had experience in real estate litigation, title issues, title insurance coverage and escrow, foreclosures, and easements. Mr. Bothel received his J.D. from Duke University School of Law in 1977 and his B.A. from Wheaton College, Illinois, in 1974. JEROME F. CANDELARIA, coauthor of chapter 5, is Vice President & Counsel, Regulatory Affairs at the California Cable & Telecommunications Association, Oakland. He represents the cable industry on regulatory matters before the FCC, CPUC, and other state agencies. He currently serves as the national cable industry representative on the FCC s North American Numbering Council and is a member of the Board of Directors of the Conference of California Public Utility Counsel. Mr. Candelaria received his B.A. in 1986 from the University of California (Berkeley), and his J.D. in 1989 from Harvard Law School. SUSAN F. FRENCH, author of chapter 1, assisted in the planning of this book and is a member of the faculty at the University of California, Los Angeles, School of Law. She was the Reporter for the Restatement (Third) of the Law of Property, Servitudes (2000) and is coauthor of casebooks in Property and Community Association Law (common interest communities). Professor French teaches Property, Trusts & Wills, and Community Association Law, and has published in all three fields. She received her A.B. from Stanford University in 1964 and her J.D. from the University of Washington in 1967.
JEFFREY N. GARLAND, coauthor of chapter 10, is senior counsel with Andersen Hilbert & Parker LLP, San Diego. He specializes in all aspects of real estate and business litigation, from inception through appeal, including an extensive title insurance practice. He has served as a court-appointed special master and as a mediator. Mr. Garland received his B.A. in 1971 from United States International University and his J.D. (magna cum laude) in 1974 from the University of San Diego, School of Law, where he was Lead Article Editor of the San Diego Law Review. ELIZABETH C. GIANOLA, coauthor of chapter 10, is a shareholder of Horan Lloyd, PC, Carmel. She specializes in real property and commercial litigation before both state and federal courts. She is past Vice Chair of the Executive Committee, Real Property Law Section of the State Bar. Ms. Gianola received her B.S. from the University of California (Berkeley), her J.D. from the University of California, Berkeley, School of Law, and her Ph.D. in law from the Sorbonne. DANIEL L. GOODKIN, coauthor of chapter 8, and founding partner of Goodkin & Lynch LLP, Los Angeles, is a real estate and construction litigator and has tried multiple cases involving easements and boundary disputes. He is a frequent speaker on lien laws, title issues, landlord-tenant issues, mold litigation, and indoor air quality issues. He is a member of the Executive Committee of the Real Estate Section of the Los Angeles County Bar Association and is currently the Editor of the Real Property Review. Mr. Goodkin received his B.A. from the University of California (Los Angeles), and his J.D. from Loyola Law School, Los Angeles. LAURENCE L. HUMMER, coauthor of chapter 8, assisted in the planning of this book and is a sole practitioner in Los Angeles. His practice focuses on civil litigation and on commercial and residential real estate transactions. He has been a member of the State Bar s Committee on Administration of Justice, and the Steering Committee, Land Use, Planning and Environmental Law Subsection, Real Property Section, Los Angeles County Bar Association. Mr. Hummer received his A.B. in 1973 from Stanford University and his J.D. in 1980 from the University of California, Los Angeles, School of Law. CYNTHIA K. LONG, coauthor of chapter 9, was formerly a partner in Bothel & Long, San Francisco, and is Senior Vice-President and Regional Counsel for Old Republic Title Company in San Francisco. She specializes in real property litigation. She is a speaker for CEB real property law programs and has contributed to other CEB real property litigation publications. Ms. Long received her undergraduate degree from the University of Michigan, and her J.D. in 1979 from Golden Gate University School of Law, San Francisco. LAURA S. LOWE, coauthor of chapters 3 and 9, assisted in the planning of this book and is currently Senior Counsel with Old Republic Title Company in San Francisco. She formerly worked as the West Region Agency Counsel for LandAmerica Financial Group, Inc., the parent company for Lawyers Title Insurance Corporation. Ms. Lowe has presented programs for CEB and the State Bar Real Property Section. Ms. Lowe
graduated from University of San Francisco School of Law in 1982 and received her B.S. in 1974 from Ohio State University. WILLIAM H. LYNES, author of chapter 7, has been an attorney with Chicago Title Insurance Company and its predecessor Ticor Title Insurance Company of California since 1986. He acts as underwriting counsel on commercial and industrial transactions and on railroad and other specialty title transactions in the Los Angeles area. Mr. Lynes received his B.A. in 1972 from St. Lawrence University, and his J.D. in 1976 from the University of San Fernando Valley College of Law. NEAL A. PARISH, coauthor of chapter 2, specializes in real estate, land use, and public agency law at Wendel, Rosen, Black & Dean LLP, Oakland. For private industry and individual clients, he negotiates and analyzes real estate contracts, including leases, purchase and sale contracts, and easements. He also assists a variety of clients with land use and permitting issues. He served as chair of the City of Oakland Landmarks Preservation Advisory Board. Mr. Parish received his B.A. from the University of California (Los Angeles), his Master of City Planning and his M.S., Transportation Engineering, from the University of California (Berkeley), and his J.D. from the University of California, Berkeley, School of Law. JAMES L. PIERCE, author of chapter 6, serves as a Senior Staff Counsel in the California Department of Conservation, Sacramento. He formerly worked in the California Attorney General s Office, as a sole practitioner in Mt. Shasta, and as Staff Counsel to the California State Coastal Conservancy in Oakland. He specializes in land use and conservation, real property, environmental, and public agency law. Mr. Pierce received his B.M. in 1984 from San Francisco State University, his M.M. in 1985 from Northwestern University, and his J.D. in 1991 from University of San Francisco School of Law. Any statements in chapter 6 are solely the personal statements of the author, and do not reflect the views of any governmental agency or official, including, but not limited to, the California Department of Conservation. DAVID L. PREISS, coauthor of chapter 2, assisted in the planning of this book and is a partner with Holland & Knight LLP, San Francisco (formerly a partner with Wendel, Rosen, Black & Dean LLP in Oakland), specializing in real estate development and transactions. For more than 30 years he has represented owners, developers, and agencies in all phases of acquisition, entitlement, and disposition of residential, commercial, and industrial properties. He was a contributing author on CEB leasing and development books and frequently lectures on land use and development law. Mr. Preiss obtained his B.A. in 1977 from Williams College, and his J.D. in 1982 from the University of California, Davis, School of Law. ANDREW K. RAUCH, coauthor of chapter 5, assisted in the planning of this book and is a partner with Rauch, Detisch & Steinke, San Diego, specializing in eminent domain and real estate litigation. Earlier in his career he worked for the California Department of Transportation, handling tort defense, eminent domain matters, and real estate transactions. He is a member of the State Bar Real Property Law Section and the
International Right-of-Way Association. Mr. Rauch received his B.S. from Brigham Young University in 1984, and his J.D. from Lincoln Law School, Sacramento, in 1988. DAVID L. ROTH, coauthor of chapter 10, assisted in the planning of this book, is the principal of The Real Estate Law Offices of David L. Roth, and specializes in real estate litigation and transactions. He is a former chair of the Alameda County Bar Association Real Estate Section, and he speaks regularly to attorney and legal professional groups on real estate topics. Mr. Roth received his B.A. in 1975 from Occidental College, and his J.D. in 1978 from the University of California, Hastings College of the Law. EDWARD S. RUSKY, coauthor of chapter 3, is Vice President, Manager and Major Transactions Counsel for LandAmerica Commercial Services, a division of LandAmerica Financial Group, issuing title insurance policies of, among others, Lawyers Title Insurance Corporation and Transnation Title Insurance Company. He specializes in underwriting and closing complex, high-liability, multisite commercial transactions for national clients. Mr. Rusky received his law degree from the University of California, Berkeley, School of Law in 1971; he was admitted to the California and Federal Bars in 1972. JASON L. SATTERLY, coauthor of chapter 10, is an associate attorney with Andersen Hilbert & Parker, and works out of the firm s San Diego office. He specializes in real estate and business litigation. He was a member of the CEB s Young Lawyer Advisory Panel and a recipient of the State Bar s Wiley M. Manuel Award for Pro Bono Legal Services. Mr. Satterly received two B.A.s in 2001 from Eastern Kentucky University (magna cum laude) and his J.D. in 2005 from Thomas Jefferson School of Law (magna cum laude) where he was a Literary Editor for the Thomas Jefferson Law Review. RICHARD M. SHAPIRO, author of chapter 4, is a partner in Farella Braun & Martel LLP, San Francisco. He specializes in real estate and construction transactions, representing owners, contractors, and design professionals. He has prepared and negotiated reciprocal easement agreements, commercial condominium documents, management, and real estate brokerage agreements. He received his a B.A. from Antioch College in 1969; his M. Arch. from the University of California (Berkeley) in 1973; and his J.D. from the University of California, Hastings College of the Law, in 1979. He is a California registered architect. CAROLYN J. STEIN, coauthor of chapter 2, is a Deputy City Attorney with the Real Estate and Finance Team in the Office of the City Attorney of San Francisco. She was formerly a real estate attorney with Shorenstein Company and with Wendel, Rosen, Black & Dean LLP, Oakland. She is a member of the State Bar Real Property and Public Law Sections and has been a contributing writer, editor, and planner for CEB commercial leasing books. Ms. Stein received her B.A. from California State University (East Bay) and her J.D. from the University of California, Berkeley, School of Law. STEPHEN STWORA-HAIL, coauthor of chapter 2, assisted in the planning of this book and is a member of the Advisory Committee of CEB s Real Property Practice Group. He is a partner and chairs the Real Property Group at Downey Brand LLP,
Sacramento. His transactional practice emphasizes leasing, acquisitions, financing, development, and land use. Mr. Stwora-Hail has chaired the Real Property Section of the State Bar, and has been a contributing writer, editor, and speaker for CEB. Mr. Stwora- Hail received his B.A. degree from the University of Chicago and his J.D. from Santa Clara University. JOHN DAVIDSON THOMAS, coauthor of chapter 5, is a partner in the Washington D.C. office of Hogan Lovells LLP and has a national practice in the telecommunications and broadband communications industries. His practice focuses on the deployment of competitive networks and services; he represents cable television companies and other broadband providers on local franchising, rights-of-way, pole attachments, and similar issues. He received his J.D. from Boston University School of Law in 1990, his M.S. from Boston University in 1987, and his A.B. from Cornell University in 1984. PAUL A. WERNER III, coauthor of chapter 5, is an associate in the Washington D.C. office of Hogan Lovells LLP and represents clients primarily in the telecommunications industry. Mr. Werner represents broadband providers on a variety of issues, including rights-of-way, local franchising, and pole attachments. He is also experienced in representing communications clients in federal and state court litigation and in adjudications and rulemakings before the Federal Communications Commission. He received his B.A. from the University of California (Los Angeles) in 1999, and his J.D. from Vanderbilt University Law School in 2002.