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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
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