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Hoffman v. 162 North Wolfe LLC
Buyer of property may not claim fraud against owner of neighboring property for nondisclosure of claimed easement in absence of transactional relationship.
Real Property Aug. 13, 2014
Mendoza v. JPMorgan Chase Bank N.A.
Home purchaser may not sue banks to undo foreclosure based on alleged flaws in loan securitization where she failed to prove lack of legal right to foreclose.
Real Property Aug. 11, 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. 3, 2014
Templeton Action Commitee v. County of San Luis Obispo (Templeton Properties)
Developer may dismiss action due to failure to file within 90 days of decision to allow development, even if it did not comply with fictitious name statute.
Real Property Jul. 28, 2014
William Jefferson & Co. Inc. v. Assessment Appeals Board
Homeowner's lawsuit seeking property tax reduction by challenging base year value assigned by assessor must be brought against county, not assessment appeals board.
Real Property Jul. 23, 2014
Rufini v. CitiMortgage Inc.
Homeowner must be allowed to amend his wrongful foreclosure complaint against CitiMortgage where his allegations could potentially support HAMP claims.
Real Property Jul. 23, 2014
Olive Lane Industrial Park LLC v. County of San Diego
Taxpayer is eligible to transfer base year value of condemned property to replacement property that was purchased within four years of condemnation order.
Real Property Jul. 20, 2014
Peake v. Underwood
Trial court properly sanctions home buyer, who filed claims against real estate agent after discovering water damage to house, when she knew those claims had no valid basis.
Real Property Jul. 17, 2014
Merritt v. Countrywide Financial Corp.
Homeowners may sue lender for rescission under Truth in Lending Act without including allegations that they tendered rescindable value of loan or were able to do so.
Real Property Jul. 16, 2014
Ulkarim v. Westfield LLC
Mall owner may not dismiss tenant's action under anti-SLAPP statute when underlying claim, triggered by service of notice, challenged owner's decision to terminate lease.
Real Property Jul. 15, 2014
Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP
Architects, who designed condominium units, have duty of care to future purchasers of those condominiums and may be sued for negligent design and defects.
Real Property Jul. 6, 2014
Keshtgar v. U.S. Bank N.A.
Borrower, who defaulted on mortgage loan, has no cause of action against bank to prevent bank from initiating non-judicial foreclosure proceedings.
Real Property Jun. 30, 2014
Decon Group Inc. v. Prudential Mortgage Capital Co. LLC
Junior lien is extinguished when senior lienholder foreclosed, because senior lienholder's lien and title did not merge due to deed in lieu of foreclosure.
Real Property Jun. 30, 2014
Peake v. Underwood
Trial court properly sanctions home buyer, who filed claims against real estate agent after discovering water damage to house, when she knew those claims had no valid basis.
Real Property Jun. 25, 2014
Rufini v. CitiMortgage Inc.
Homeowner must be allowed to amend his wrongful foreclosure complaint against CitiMortgage where his allegations could potentially support HAMP claims.
Real Property Jun. 23, 2014
218 Properties LLC v. City of Carson
City's disapproval of application to convert mobilehome park into resident-owned community is upheld because owner's evidence did not show conversion was bona fide.
Real Property Jun. 16, 2014
Erlach v. Sierra Asset Servicing LLC
County’s red-tagging of foreclosed residence does not void residential lease, even if tenant could no longer occupy property.
Real Property Jun. 11, 2014
Keshtgar v. U.S. Bank N.A.
Borrower, who defaulted on mortgage loan, has no cause of action against bank to prevent bank from initiating non-judicial foreclosure proceedings.
Real Property Jun. 10, 2014
E.J. Franks Construction Inc. v. Sahota
Licensed contractor, who transferred license to his corporation during construction of client’s home, may sue client for compensation because he was never unlicensed.
Real Property Jun. 6, 2014
Graham v. Bank of America N.A.
Homeowner may not sue banks for fraud based on appraisal stating value of home was increasing, because appraisal was mere opinion for lenders’ benefit.
Real Property May 27, 2014
Yvanova v. New Century Mortgage Corp.
Borrower cannot bring quiet title action against financial institutions based on alleged impropriety of transfer and assignment of note, after failing to pay loan balance.
Real Property May 23, 2014
W&W El Camino Real LLC v. Fowler
Real estate developer may retry suit against neighboring property owner, after jury reached inconsistent verdict regarding whether neighbor was at fault for flooding.
Real Property May 19, 2014
218 Properties LLC v. City of Carson
City's disapproval of application to convert mobilehome park into resident-owned community is upheld because owner's evidence did not show conversion was bona fide.
Real Property May 15, 2014
Eclectic Properties East LLC v. The Marcus & Millichap Co.
Property buyers may not sue sellers under RICO after losing money on real estate investments, because they did not plead sellers intended to defraud them.
Real Property May 8, 2014
Biron v. City of Redding
Trial court correctly uses ‘rule of reasonableness’ to determine whether city's failure to upgrade storm drainage systems amounted to inverse condemnation.
Real Property May 1, 2014
DKN Holdings LLC v. Faerber
Retail space owner may not sue lessor for money owed under lease, when it already obtained judgment against co-lessor in prior action asserting same claim.
Real Property Apr. 28, 2014
Lyles v. Sangadeo-Patel
Tenant may not recover all rent she paid since moving into rent-controlled apartment based on landlord’s failure to provide required documents.
Real Property Apr. 18, 2014
Talega Maintenance Corp. v. Standard Pacific Corp.
Developers may not strike HOA’s lawsuit alleging they fraudulently misrepresented that HOA was responsible for repairing trails adjacent to residential community.
Real Property Apr. 17, 2014
Eldee-K Rental Properties LLC v. DIRECTV Inc.
Landlord must sue DIRECTV for illegally installing equipment on its property in local court where property was located, not California’s federal court.
Real Property Apr. 10, 2014
Thoryk v. San Diego Gas & Electric Co.
Lender is not entitled to recover portion of developer’s future judgment against San Diego Gas & Electric in connection with property damage from wildfires.
Real Property Apr. 10, 2014