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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
Lin v. Coronado
Alteration of deed to remove name of party that was listed without any percentage interest in residential property does not render subsequent deed void. 		Real Property Nov. 17, 2014
Union Pacific Railroad Co. v. Santa Fe Pacific Pipelines Inc.
Trial court erroneously concludes that railroad companies had sufficient interest in land beneath its rights-of-way to grant easement and collect rent from pipeline companies. 		Real Property Nov. 6, 2014
Aspen Grove Condominium Association v. CNL Income Northstar LLC
Ski resort must remove water retention basin, which caused continuous damage to downhill condominium units due to water overflow and seepage. 		Real Property Nov. 3, 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 Oct. 26, 2014
Bowman v. California Coastal Commission
Court may not require property owner to dedicate coastal easement as condition of obtaining development permit, where easement amounts to unconstitutional taking. 		Real Property Oct. 23, 2014
Burien LLC v. Wiley
Landlord cannot circumvent local rent control laws by converting rent-controlled apartment building to condominiums and obtaining new certificate of occupancy. 		Real Property Oct. 22, 2014
Blueberry Properties LLC v. Chow
Trial court properly appoints court clerk as elisor to execute necessary documents to effectuate sale of property on behalf of recalcitrant seller. 		Real Property Oct. 22, 2014
Jones v. Wachovia Bank
Homeowners may not sue bank after foreclosure where they did not detrimentally rely on alleged verbal promise to postpone date of trustee sale. 		Real Property Oct. 21, 2014
Willemsen v. Mitrosilis
Property purchaser may not sue lender’s appraiser for negligent misrepresentation, when appraisal was intended only to assist lender in analyzing loan for property. 		Real Property Oct. 15, 2014
Millview County Water District v. State Water Resources Control Board
State Water Resources Control Board must set aside order limiting water right claimant’s use of Russian River due to faulty finding of forfeiture. 		Real Property Oct. 15, 2014
Palomar Grading & Paving Inc. v. Wells Fargo Bank N.A.
Lien claimants are entitled to prejudgment interest at seven percent, not 10, against noncontracting, innocent property owners, after foreclosing mechanic’s liens. 		Real Property Oct. 15, 2014
Kan v. Guild Mortgage Co.
Defaulting debtor may not maintain pre-foreclosure action challenging lender’s authority in initiating foreclosure process under California’s nonjudicial foreclosure scheme. 		Real Property Oct. 15, 2014
Huntington Continental Townhouse Association Inc. v. Miner
Townhouse association must accept partial payment of delinquent assessments from owner and may not foreclose on lien when unpaid assessments were less than $1,800. 		Real Property Oct. 14, 2014
Najah v. Scottsdale Insurance Co.
Lender who reacquired property by making full credit bid at foreclosure sale may not recover insurance benefits based on pre-foreclosure damages to property. 		Real Property Sep. 30, 2014
Moorefield Construction Inc. v. Intervest-Mortgage Investment Co.
General contractor’s agreement that any liens for its labor and materials would be subordinate to construction lender’s lien of deed of trust is valid. 		Real Property Sep. 30, 2014
Fleet v. Bank of America N.A.
Borrowers may sue Bank of America for breach of contract due to its sale of their home while they were complying with loan modification trial period plan. 		Real Property Sep. 23, 2014
Millview County Water District v. State Water Resources Control Board
State Water Resources Control Board must set aside order limiting water right claimant’s use of Russian River due to faulty finding of forfeiture. 		Real Property Sep. 14, 2014
Lynch v. California Coastal Commission
Property owners waive challenge to coastal development permit conditions by signing and recording restrictions and constructing bluff wall project. 		Real Property Sep. 9, 2014
San Francisco Tomorrow v. City and County of San Francisco (Parkmerced Investors Properties LLC)
Project opponents are unsuccessful in overturning San Francisco’s approval of redevelopment project near Lake Merced by challenging city’s general plan. 		Real Property Sep. 8, 2014
San Francisco Tomorrow v. City and County of San Francisco (Parkmerced Investors Properties LLC)
Project opponents are unsuccessful in overturning San Francisco’s approval of redevelopment project near Lake Merced by challenging city’s general plan. 		Real Property Sep. 7, 2014
El Dorado Estates v. City of Fillmore
Mobile home park owner has standing to sue City of Fillmore for housing discrimination, when it alleged city’s interference caused added expenses to subdivision process. 		Real Property Sep. 2, 2014
Bloxham v. Saldinger
In resolving boundary dispute, trial court may rely on one property owner’s expert survey over the other’s, as long as its use is supported by substantial evidence. 		Real Property Aug. 28, 2014
Fonteno v. Wells Fargo N.A.
Homeowner may maintain wrongful trustee sale suit against lender based on lender’s failure to conduct pre-foreclosure meeting before instituting foreclosure proceedings. 		Real Property Aug. 18, 2014
San Francisco Tomorrow v. City and County of San Francisco (Parkmerced Investors Properties LLC)
Project opponents are unsuccessful in overturning San Francisco’s approval of redevelopment project near Lake Merced by challenging city’s general plan. 		Real Property Aug. 17, 2014
San Diego Gas & Electric Co. v. Schmidt
In condemnation action, property owner is entitled to litigation expenses where electric company’s meager offer was far below appraisal value and jury award. 		Real Property Aug. 17, 2014
City of Pasadena v. Superior Court (Mercury Casualty Co.)
City may be liable to insurer for inverse condemnation after city’s tree fell on resident’s house following windstorm, causing extensive damages. 		Real Property Aug. 14, 2014
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