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Market Lofts Community Association v. 9th Street Market Lofts LLC
Homeowners association of upscale mixed-use development in downtown Los Angeles may sue developers in relation to contractual parking rights.
Real Property Jan. 8, 2014
Alliance for Property Rights and Fiscal Responsibility v. City of Idaho Falls
City of Idaho Falls may not condemn property outside its boundaries to build new transmission lines because Idaho never granted it that power.
Real Property Jan. 2, 2014
California Bank & Trust v. Lawlor
Bank may recover outstanding loans against real estate investors despite claims that guaranties were ‘sham guaranties’ that violated antideficiency laws.
Real Property Dec. 24, 2013
Dolnikov v. Ekizian
Neighboring landowner is liable for interfering with neighbor’s right to build property along adjoining strip of land pursuant to easement.
Real Property Dec. 20, 2013
Rye v. Tahoe Truckee Sierra Disposal Co. Inc.
Lake Tahoe garbage disposal business is limited to its historic use of paved easement for parking and storage of garbage bins.
Real Property Dec. 16, 2013
Ryan-Lanigan v. Bureau of Real Estate
Real estate agent gets to keep her license after trial court tossed her hit and run conviction so she could plead to a speed law violation instead.
Real Property Dec. 15, 2013
Colony Cove Properties LLC v. City of Carson
Mobilehome park owner must abide by city's rental review board determination regarding rent levels, but may still pursue related federal claims.
Real Property Nov. 18, 2013
Lueras v. BAC Home Loans Servicing LP
Bank of America has no duty to offer, consider or approve home loan modification for borrower who could not make monthly payments on loan.
Real Property Nov. 4, 2013
Orange Citizens for Parks and Recreation v. S.C. (Milan Rei IV)
Order
Real Property Nov. 1, 2013
Community Youth Athletic Center v. City of National City
Community youth center averts city’s blight designation of its property, but may not stop city from possibly attempting to take its land in the future.
Real Property Oct. 31, 2013
Fowler v. M&C Association Management Services Inc.
Home purchaser may not file lawsuit against property management company based on its failure to record imposition of transfer fees.
Real Property Oct. 29, 2013
Nissho of California Inc. v. Bond Safeguard Insurance Co.
Landscaper may only recover amount in offsite labor and materials bond, rather than all seven bonds for residential community development project.
Real Property Oct. 24, 2013
Visendi v. Bank of America N.A.
Class action against banks for deceptive mortgage lending is properly sent to federal court because it involved more than 100 homeowners, who proposed a joint trial.
Real Property Oct. 24, 2013
Bushell v. JPMorgan Chase Bank N.A.
Bank must offer to permanenty modify homeowners' mortgage so they could avoid foreclosure after complying with trial modification plan.
Real Property Oct. 23, 2013
Colony Cove Properties LLC v. City of Carson
Mobilehome park owner must abide by city's rental review board determination regarding rent levels, but may still pursue related federal claims.
Real Property Oct. 22, 2013
Sterling Park L.P. v. City of Palo Alto
Developers may proceed with residential condominium project while challenging City of Palo Alto’s below market housing program.
Real Property Oct. 18, 2013
Self v. Sharafi
Couple may not build on their part of lot in City of San Diego due to restriction put in place more than 40 years before purchase.
Real Property Oct. 14, 2013
Friars Village Homeowners Association v. Hansing
Homeowners’ association may enact rule that forbids relatives to serve together on board of directors to avoid conflicts of interest.
Real Property Oct. 10, 2013
Brandt Revocable Trust, et al. v. United States
Order
Real Property Oct. 2, 2013
O'Donoghue v. Superior Court (Performing Arts LLC)
Referee will decide construction loan dispute, even if developers claim they did not realize they waived their jury trial rights in guaranty agreement.
Real Property Oct. 1, 2013
Rossberg v. Bank of America N.A.
Bank of America may sell home after adequately contacting homowners, who defaulted on loan, by calling and sending them letters.
Real Property Sep. 27, 2013
Benson v. Marin County Assessment Appeals Board (Mikkelsen)
Co-owner must pay higher property taxes on house because he changed the characterization of his ownership to 'tenant in common.'
Real Property Sep. 27, 2013
Liberty Mutual Insurance Co. v. Brookfield Crystal Cove LLC
Insurer may file suit against developer to recover expenses caused by construction defects after pipe burst and caused significant damage to insured’s home.
Real Property Sep. 27, 2013
McMaster v. United States
Mining claim's owner, who received patent on mineral deposits within the land, cannot claim title to surface land and structures on it.
Real Property Sep. 25, 2013
Sacramento Sikh Society Bradshaw Temple v. Tatla
Nonprofit religious corporation’s founders may no longer assert control over property and temple, after new members took control via election.
Real Property Sep. 25, 2013
Young v. State Water Resources Control Board (Woods Irrigation Co.)
State Water Resources Control Board may prevent illegal diversions of water, even if water company claims it had rights to the water prior to 1914.
Real Property Sep. 23, 2013
Chavez v. Indymac Mortgage Services
Indymac may not foreclose on property by claiming home loan modification, which it failed to sign and send to homeowner, was invalid.
Real Property Sep. 20, 2013
Aspiras v. Wells Fargo Bank N.A.
Homeowners cannot sue bank for fraudulent foreclosure without specifically describing phone call, during which bank agreed to reopen home loan modification.
Real Property Sep. 18, 2013
Tearlach Resources Ltd. v. Western States International Inc.
State court has authority to decide litigation involving oil and gas leases on federal land because U.S. was not implicated.
Real Property Sep. 18, 2013
Joannou v. City of Rancho Palos Verdes
Homeowner may not use portion of city-owned land on which her land migrated over several years due to prehistoric landslide.
Real Property Sep. 13, 2013