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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
The Kennedy Commission v. Superior Court (People)
Regardless of City of Huntington Beach's status as a charter city, it was subject to the Housing Element Law's compliance deadlines and injunctive restrictions on city authority. 		Real Property, Municipal Law 4DCA/1 Sep. 15, 2025
Pacho Limited Partnership v. Eureka Energy Co.
Lease of land allowing any lawful purpose was not a lease for agricultural purposes limited to 51 years, even though the property had always been used for cattle grazing to lower the risk of wildfires. 		Real Property 2DCA/6 Sep. 10, 2025
Benedetti v. County of Marin
Use of permanent conservation easements to protect agricultural use of coastal lands was not a facially unconstitutional taking. 		Constitutional Law, Real Property 1DCA/4 Sep. 3, 2025
CP VI Admirals Cove LLC v. City of Alameda
Because housing units had a history of being used for residential purposes, Costa-Hawkins' exemption from rent control ordinance did not apply. 		Real Property 1DCA/4 Sep. 3, 2025
Thacker v. City of Fairfield
City's increase of a flat per-parcel assessment from $196.23 to $300 constituted an "increase" under Proposition 218, requiring compliance with voter approval procedures. 		Municipal Law, Real Property 1DCA/5 Sep. 2, 2025
Emmons v. Jesso
Tenant-appellant failed to demonstrate it was improper for jury to resolve contested issue regarding whether rental unit was illegal during his occupancy. 		Real Property 2DCA/2 Aug. 29, 2025
Searle v. Allen
Though the *Rooker-Feldman* doctrine barred challenges to plaintiff's direct foreclosure judgment claims, under the Supreme Court's *Tyler v. Hennepin County*, her surplus equity claims could proceed. 		Real Property, Civil Procedure 9th Aug. 29, 2025
Johnson v. Connie, LLC
Broad statutory wording prohibiting knowingly obtaining stolen property included receipt of illegally increased rent payments where the rent increase resulted from careful planning and deliberation. 		Real Property 4DCA/3 Aug. 25, 2025
Sheetz v. County of El Dorado
Regardless of whether the fee was legislatively or administratively imposed, *Nollan/Dolan* test for takings applies--in this case, leading to the conclusion that a traffic impact mitigation fee did not violate the takings clause. 		Real Property, Constitutional Law 3DCA Jul. 31, 2025
Wang v. Peletta
Trial court did not err in determining that because plaintiffs' unpermitted retaining wall constituted a public nuisance, they could not obtain a prescriptive easement. 		Real Property 1DCA/3 Jul. 1, 2025
Ceron v. Liu
Defendant in malicious prosecution was entitled to judgment in her favor where she established a valid advice-of-counsel defense. 		Real Property, Civil Procedure 1DCA/3 Jun. 30, 2025
Applegate v. Carrington Foreclosure Services, LLC
Prospective owner-occupant of foreclosed property failed to state a claim under Civil Code section 2924m. 		Real Property 1DCA/2 Jun. 30, 2025
Amundson v. Catello
Decedent's surviving siblings lacked standing to prosecute partition claim where the estate was still subject to litigation because the siblings lacked clear title to the property. 		Real Property, Trust and Estates 4DCA/1 Jun. 4, 2025
People ex rel. Soto v. Group IX BP Properties
Government Code provision prohibiting ordinances that penalize landlords solely due to their contact with a law enforcement did not bar State's public nuisance action against property managers. 		Government, Real Property 2DCA/4 Apr. 18, 2025
Estate of St. John v. Schaeffler
Out-of-possesion landlord had no duty of care to decedent when landlord had no actual knowledge of the dangerous condition: failure to fence-in a 300-pound pig. 		Real Property, Torts 2DCA/5 Mar. 25, 2025
Modification: Baca v. Kuang
A commercial landlord consented to a month-to-month tenancy by accepting multiple months of rent following the expiration of a notice to terminate tenancy. 		Real Property 1DCA/5 Feb. 12, 2025
Cox v. City of Oakland
Since land parcel had always been conveyed with contiguous land, it was never a separate legal parcel created because of a division of land under the Subdivision Map Act. 		Real Property CASC Jan. 24, 2025
Baca v. Kuang
A commercial landlord consented to a month-to-month tenancy by accepting multiple months of rent following the expiration of a notice to terminate tenancy. 		Real Property 1DCA/5 Jan. 15, 2025
Reese v. Select Portfolio Servicing, Inc.
Amendment could not cure defect to overcome demurrer where mortgage servicer remedied its alleged violation of Homeowner's Bill of Rights by waiting and recording a new notice of sale. 		Real Property 1DCA/4 Jan. 10, 2025
Modification: 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 Jan. 6, 2025
JCCrandall, LLC v. County of Santa Barbara
Conditional use permit to cultivate cannabis was defeated by servient tenant's objection to easement on the grounds that cannabis is illegal under federal law. 		Real Property, Commercial Law 2DCA/6 Jan. 6, 2025
Newell v. Superior Court (Rollins)
Petitioner's lis pendens on property bought with trust assets was proper because her probate claims affected title to the property. 		Trust and Estates, Real Property 2DCA/7 Dec. 24, 2024
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
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