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Name Category Published
Mira Overseas Consulting Ltd. V. Muse Family Enterprises Ltd.
Claimant's judgment lien takes priority over other competing claimant's lien because its lien related back to recording of lis pendens.
Real Property Jun. 2, 2015
Salazar v. Thomas
Notice of default issued under a deed of trust is not sufficient to dispute owners' possession and thus commence statute of limitations on owners' action for quiet title.
Real Property May 31, 2015
Shoen v. Zacarias
Grant of equitable easement must be reversed where trespasser did not suffer greatly disproportionate hardship by having to remove patio furniture from neighbor's land.
Real Property May 25, 2015
Sacramento Area Flood Control Agency v. Dhaliwal
Landowner fails to overturn compensation award by arguing evidence concerning future access to property was speculative because evidence had potential to affect property's value.
Real Property May 21, 2015
Golden State Water Co. v. Casitas Municipal Water District
Casitas Municipal Water District may finance purchase of private water service utility by eminent domain through Mello-Roos financing.
Real Property May 13, 2015
Peterson v. Wells Fargo Bank N.A.
Lender may not sell property that was deeded by surviving spouse who only held life estate on it and lacked power to encumber it.
Real Property May 10, 2015
Salazar v. Thomas
Notice of default issued under a deed of trust is not sufficient to dispute owners' possession and thus commence statute of limitations on owners' action for quiet title.
Real Property May 3, 2015
Tarbet v. East Bay Municipal Utility Dist.
Water district is not a local agency and is not required to obtain easement from property owner to provide water service prior to approval of final parcel map.
Real Property Apr. 29, 2015
Golden State Water Co. v. Casitas Municipal Water District
Casitas Municipal Water District may finance purchase of private water service utility by eminent domain through Mello-Roos financing.
Real Property Apr. 14, 2015
Ram’s Gate Winery LLC v. Roche
Purchaser may proceed with its claims against sellers who failed to disclose active fault trace in Sonoma winery property.
Real Property Apr. 9, 2015
Contra Costa County v. Pinole Point Properties
Failure to keep drainage channel clear supports finding against downstream property owner for flooding to residential properties.
Real Property Apr. 6, 2015
Watts v. Oak Shores Community Assn.
Homeowner association may adopt reasonable rules and fees relating to short-term rentals.
Real Property Mar. 24, 2015
Pulido v. Pereira
Constructive knowledge sufficient to establish prescriptive easement in use dispute between neighbors.
Real Property Mar. 5, 2015
City of San Marcos v. Loma San Marcos LLC
Property owner fails to challenge mitigation impact fees imposed by City in allowing property’s new use as movie studio.
Real Property Mar. 1, 2015
Linda Vista Village San Diego HOA v. Tecolote Investors
Voter Approval not required for 55-year lease of formerly Pueblo land.
Real Property Feb. 11, 2015
Grand Prospect Partners LP v. Ross Dress for Less Inc.
Cotenancy provision between sophisticated parties in commercial lease is enforceable.
Real Property Feb. 11, 2015
Ram v. Onewest Bank FSB
Trustee’s foreclosure sale is not made void by beneficiary effecting substitution of trustee after notice of default is recorded.
Real Property Feb. 9, 2015
Richardson v. Franc
20 years of uninterrupted permissive use of access and utility easement for landscaping improvements creates irrevocable license to maintain such landscaping.
Real Property Jan. 29, 2015
Mosser Cos. v. San Francisco Rent Stabilization and Arbitration Board
Landlord cannot raise rent on a son’s rent-controlled apartment after his parents, the original renters, moved out.
Real Property Jan. 23, 2015
Belle Terre Ranch Inc. v. Wilson
Vineyard not entitled to attorney fees in trespass action when only nominal damages are awarded.
Real Property Jan. 15, 2015
Jesinoski v. Countrywide Home Loans Inc.
Timely rescission of loan under Truth in Lending Act only requires providing notice to lender rather than filing lawsuit.
Real Property Jan. 14, 2015
Grand Prospect Partners LP v. Ross Dress for Less Inc.
Cotenancy provision between sophisticated parties in commercial lease is enforceable.
Real Property Jan. 13, 2015
Hardy v. America’s Best Home Loans
Doctrine of collateral estoppel does not bar homeowner’s state action against lender although prior federal action involving same parties, claims was dismissed.
Real Property Dec. 23, 2014
Lin v. Coronado
Altered deed that omitted name of party listed in original deed as grantee with no percentage interest does not render subsequent deed void.
Real Property Dec. 19, 2014
Marina Pacifica Homeowners Association v. Southern California Financial Corp.
Assignee may collect assignment fee from condominium owners, which is not invalid, because fee fell under exemption from statutory definition of transfer fee.
Real Property Dec. 17, 2014
Petersen v. Bank of America
Homeowners may proceed with mass action lawsuit against Countrywide Financial Corp. alleging wrongful lending practices.
Real Property Dec. 15, 2014
Lyons v. Santa Barbara County Sheriff’s Office
Evicted homeowner cannot maintain taxpayer action against county sheriff’s office because sheriff’s conduct in evicting her was pursuant to court order and perfectly legal.
Real Property Dec. 3, 2014
Ben-Shahar v. Pickart
Displaced tenant’s lawsuit against buyer of rent-controlled apartment is not subject to special motion to strike, and tenant may even be entitled to attorney fees.
Real Property Nov. 24, 2014
First California Bank v. McDonald
Bank is not entitled to deficiency judgment against debtors who did not consent to disposal of one of two properties securing the loan.
Real Property Nov. 23, 2014
Gwartz v. Weilert
Appellate court refuses to hear sellers’ appeal of real estate fraud judgment against them, after they willfully violated trial court’s orders prohibiting money transfers.
Real Property Nov. 18, 2014