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JJD-HOV Elk Grove, LLC v. Jo-Ann Stores, LLC
Cotenancy provision in retail lease reflected parties' agreement regarding acceptable alternative performance of negotiated obligations and was enforceable.
Real Property, Contracts CASC Dec. 20, 2024
Majestic Asset Mgmt LLC v. The Colony at California Homeowners Assn.
Deed of trust valuation based on reasonable cost of putting golf course in condition it would have been in had trustor performed secured maintenance obligations was appropriate.
Real Property, Remedies 4DCA/1 Dec. 17, 2024
Kaur v. Dual Arch International
Qualified, not absolute, immunity applied to trustee's communications during nonjudicial foreclosure.
Real Property 5DCA Dec. 13, 2024
Schneider v. Lane
Civil Code Section 845 did not obligate easement owner to construct a riverbank stabilization project separate from the right-of-way to protect the easement road from risk of the riverbank's future erosion.
Real Property 3DCA Dec. 4, 2024
Batta v. Hunt
A finding of a granted easement, an implied easement, and a prescribed easement was fatally conflicting and irreconcilable.
Real Property 2DCA/8 Oct. 31, 2024
JCCrandall v. County of Santa Barbara
Conditional use permit for cannabis cultivation should not have been granted where owner of servient tenement objected to the use of easement for transportation of federally illegal cannabis across property.
Real Property 2DCA/6 Oct. 30, 2024
Santa Clarita Organization for Planning v. County of Los Angeles
Despite involving California Environmental Quality Act violations, environmental groups' claim questioning County's approval of project's tentative tract map fell within the Subdivision Map Act's requirement for serving summons.
Environmental Law, Real Property 2DCA/7 Oct. 24, 2024
A.D. Improvements v. Dept. of Transportation
The Streets and Highways Code requiring Caltrans to sell an excess property to its lessor necessitated only that the property be commercial at the time it was deemed excess.
Real Property 4DCA/1 Oct. 23, 2024
City of Alameda v. Sheehan
Though trial court erred in determining that notice to pay rent or vacate required name of natural person not entity, judgment for tenant was still affirmed because of notice's other inaccuracies.
Real Property 1DCA/2 Sep. 18, 2024
San Francisco Apartment Assn. v. City and County of San Francisco
San Francisco's ordinance extending 3-day notice to 10 days for landlords pursuing at-fault evictions was completely preempted by state law.
Municipal Law, Real Property 1DCA/2 Sep. 13, 2024
Relevant Group LLC v. Nourmand
Litigation activities under CEQA that resulted in a settlement were not objectively baseless and therefore protected under the Noerr-Pennington doctrine.
Real Property 9th Sep. 6, 2024
Holguin Family Ventures v. County of Ventura
Substantial evidence supported Ventura County Board of Supervisors' denial of winery-owners appeal from notices of violation regarding expansion of winery beyond its historical nonconforming use.
Real Property 2DCA/6 Aug. 15, 2024
Doskocz v. ALS Lien Services
Civil Code Section 5655, requiring delinquent assessment payments be applied first to the assessment before collection fees, serves a public purpose and cannot be waived.
Real Property 1DCA/1 May 22, 2024
Equinix LLC et al. v. County of Los Angeles
Despite being the property's original owner, because property lessor's lease term was less than 35 years, it triggered change in ownership and subsequent property tax reassessment.
Real Property, Tax 2DCA/1 May 13, 2024
Sam v. Kwan
Summary judgment based on bona fide purchaser doctrine was improperly granted when there were obvious factual disputes as to whether purchaser was adequately diligent.
Real Property 2DCA/8 Apr. 23, 2024
Sheetz v. El Dorado County
Whether imposed administratively or legislatively, conditions on land-use permits necessitated a Takings Clause assessment as to whether constitutional requirements were met.
Real Property USSC Apr. 15, 2024
Colyear v. Rolling Hills Community Assn. of Rancho Palos Verdes
Tree-cutting covenant contained in original recorded declaration establishing subdivision's general plan did not bind purchaser of property that was not described in that declaration.
Real Property 2DCA/4 Mar. 4, 2024
Modification: Riddick v. City of Malibu
Trial court's order directing the City of Malibu to process proposed accessory dwelling unit as exempt from coastal development permit requirements was affirmed.
Real Property 2DCA/5 Feb. 26, 2024
Riddick v City of Malibu
Trial court's order directing the City of Malibu to process proposed accessory dwelling unit as exempt from coastal development permit requirements was affirmed.
Real Property 2DCA/5 Feb. 5, 2024
Modification: Epochal Enterprises, Inc. v. LF Encinitas Properties, LLC
Lease provision limiting landlord's liability was invalid where that liability was necessarily based on the landlord's violation of statutory duty to disclose existence of hazardous substance on nonresidential real property.
Real Property 4DCA/1 Feb. 2, 2024
Romero v. Shih
Although there is a high bar, the law does not forbid an "exclusive" implied easement that effectively excludes property owners from an easement area's practical uses.
Real Property CASC Feb. 2, 2024
Epochal Enterprises, Inc. v. LF Encinitas Properties, LLC
Lease provision limiting landlord's liability was invalid where that liability was necessarily based on the landlord's violation of statutory duty to disclose existence of hazardous substance on nonresidential real property.
Real Property 4DCA/1 Jan. 29, 2024
Di Martini v. Superior Court (Gupta)
A claimant must seek court permission before filing a second lis pendens on the same property in a subsequent proceeding.
Real Property 1DCA/3 Jan. 24, 2024
Campbell v. FPI Management, Inc.
Low-income tenants retained standing to bring Unfair Competition Law claim because they suffered an injury in fact when they received three-day notice rather than the required 30-day notice.
Real Property 2DCA/7 Jan. 22, 2024
Vulcan Lands, Inc. v. Victoria Older Currier
Ambiguous mineral rights agreement included sand and gravel because both have commercial value, can be mined, and have been mined in the area since the 1920's.
Real Property 4DCA/1 Dec. 22, 2023
Duncan v. Kihagi
Tenants were not barred from seeking other relief from harassing landlords after they vacated the property since they only abandoned the issue of current possession.
Real Property 1DCA/1 Oct. 20, 2023
Homeward Opportunities Fund I Trust 2019-2 v. Taptelis
Plaintiff could not prevail in unlawful detainer action--where it failed to resolve recorded lis pendens prior to serving notice to quit--because title in the property was not perfected.
Real Property 6DCA Oct. 13, 2023
Fitness International v. KB Salt Lake III
Fitness company was required to finish renovations on a fitness center during COVID-19 because state and law orders allowed for construction of commercial buildings.
Real Property 2DCA/7 Sep. 28, 2023
Maarten v. Cohanzad
Evicted plaintiffs alleged sufficient facts demonstrating that issue of whether landlords' placement of the property on Airbnb was for residential purposes could be determined by facts common to the class.
Real Property 2DCA/3 Sep. 20, 2023
Alaska Railroad Corp. v. Flying Crown Subdivision
District Court properly granted summary judgment for Alaska Railroad Corp. in property rights action regarding a 100-year-old railroad easement.
Real Property 9th Sep. 19, 2023