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Name Category Published
Hellweg v. Cassidy
Failure of assigned deed to include lot line adjustment doesn't preclude entitlement to additional property. 		Real Property May 20, 1999
Friery v. Sutter Buttes Savings Bank
Senior lienholders have no duty to junior lienholder who hasn't subordinated and has no special relationship. 		Real Property May 20, 1999
Paykar Construction Inc. v. Bedrosian
Creditor must apply for fair value determination on property sold pursuant to judicial foreclosure within three months of highest bid received at auction. 		Real Property May 20, 1999
City of Lake Elsinore v. Ranel Development Company
City's failure to adopt resolution of necessity in eminent domain action doesn't necessitate dismissal. 		Real Property May 19, 1999
Garneau v. City of Seattle
Evidence of economic impact is required even for facial claim of taking or unconstitutional exaction. 		Real Property May 12, 1999
Landgate Inc. v. California Coastal Commission
Permit delay resulting from agency's mistaken assertion of jurisdiction isn't a 'temporary taking' requiring compensation. 		Real Property May 11, 1999
14859 Moorpark Homeowner's Association v. VRT Corp.
Judicial partition pursuant to Civil Code Section 1359 is prerequisite to conveyance of condominium complex. 		Real Property May 6, 1999
Melikian v. Aquila Ltd.
In partition sale, broker procuring offer that is bettered at confirmation hearing is entitled to share in commission. 		Real Property May 6, 1999
Ohio Forestry Association Inc. v. Sierra Club
Challenge to forest management plan that requires detailed permit review isn't ripe for adjudication. 		Real Property May 6, 1999
Ventura County Flood Control District v. Campbell
In determining just compensation for property in eminent domain action, court must look at value of both above and below ground uses. 		Real Property May 6, 1999
Campbell v. Alger
Public entity's involuntary taking by condemnation doesn't trigger private contractual right of first refusal. 		Real Property May 6, 1999
Lombardo v. Albu
Real estate agent doesn't have duty to sellers to disclose buyers' financial condition. 		Real Property May 5, 1999
Teachers Insurance & Annuity Association v. Furlotti
For mandatory preliminary injunction to issue, petitioning party must demonstrate reasonable probability of prevailing on merits at trial. 		Real Property Apr. 28, 1999
Basic Modular Facilities Inc. v. Ehsanipour
Plaintiff is entitled to recover actual amount owed on property under mechanics' lien statute. 		Real Property Apr. 28, 1999
Aranki v. RKP Investments Inc.
Form contract exculpatory clause doesn't immunize home buyers' agents from liability absent proof of discussion or negotiation thereon. 		Real Property Apr. 23, 1999
65 Butterfield v. Chicago Title Insurance Co.
Limitation period for title insurance claim accrues upon discovery of facts adverse to title. 		Real Property Apr. 21, 1999
Schmitt v. Tri Counties Bank
Judgment on mechanic's lien action in favor of site improver against bank as successor in interest to construction lender and developer, is proper. 		Real Property Apr. 21, 1999
Smith v. James A. Merrill Inc.
Recorded homestead declaration affects amount of judgment lien based on later-recorded abstract of judgment. 		Real Property Apr. 19, 1999
Guardian Savings and Loan Assn. v. MD Associates
California anti-deficiency statute doesn't protect Texas domiciliaries who chose Texas law for transactions. 		Real Property Apr. 19, 1999
Birman v. Loeb
Set-off against unsecured deficiency of debt owed by creditor contravenes policy underlying anti-deficiency laws. 		Real Property Apr. 14, 1999
Odello Brothers v. County of Monterey
Emergency exception doesn't shield county from inverse condemnation liability for deliberately breaching levee. 		Real Property Apr. 14, 1999
Rich v. Schwab
Victims of retaliatory rent increase may recover punitive damages without regard to landlord's net worth. 		Real Property Apr. 14, 1999
Leeds v. Alpha Beta Co.
Tenant has implied obligation to continue operating supermarket if guaranteed minimum rent isn't 'substantial.' 		Real Property Apr. 14, 1999
Odello Brothers v. County of Monterey
Emergency exception doesn't shield county from inverse condemnation liability for deliberately breaching levee. 		Real Property Apr. 14, 1999
Rich v. Schwab
Victims of retaliatory rent increase may recover punitive damages without regard to landlord's net worth. 		Real Property Apr. 14, 1999
11601 Wilshire Associates v. Grebow
Landlord has no cause of action against wife simply because husband guaranteed tenant's performance under lease. 		Real Property Apr. 14, 1999
San Remo Hotel v. City and County of San Francisco
Federal court considering 'taking' claim must abstain because determinative state law issues remain unclear. 		Real Property Apr. 14, 1999
Southern Pacific Thrift & Loan Association v. Savings Association Mortgage Co.
Loan agreement using 'trustee' and 'independent contractor' language doesn't automatically result in fiduciary duty. 		Real Property Apr. 14, 1999
City of Palm Springs v. Living Desert Reserve
Forfeiture language in deed manifests intent to create fee simple subject to condition subsequent rather than charitable trust. 		Real Property Apr. 14, 1999
Baldwin v. City of Los Angeles (Habitat for Humanity, Harbor Area/Long Beach, CA Inc.)
No unconditional acceptance of donation deed when parties continue to negotiate terms of dedication. 		Real Property Apr. 14, 1999
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