Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
D061267
|
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 | |
A138480
|
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 | |
B241969
|
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 | |
H038594
|
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 | |
B246193
|
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 | |
F066327
|
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 | |
D063779
|
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 | |
B247188
|
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 | |
D062977
|
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 | |
B241969
|
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 | |
12-16526
|
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 | |
C071094
|
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 | |
E055732
|
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 | |
B247929
|
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 | |
G048282
|
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 | |
11-17994
|
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 | |
D062680
|
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 | |
B246606
|
Horiike v. Coldwell Banker Residential Brokerage Co.
Property buyer may sue Coldwell Banker’s salesperson for misrepresenting size of property, because salesperson owed him the same fiduciary duty as his broker. |
Real Property |
|
Apr. 10, 2014 | |
B250618
|
1300 N. Carson Investors LLC v. Drumea
Building’s new owners may charge terminated resident manager, who continued to occupy unit, much more than amount she paid before she began managing apartment. |
Real Property |
|
Apr. 7, 2014 | |
H038713
|
Cansino v. Bank of America
Homeowners may not sue lenders for convincing them to refinance by appraising their home and predicting that its value would increase. |
Real Property |
|
Mar. 27, 2014 | |
F066080
|
The McCaffrey Group Inc. v. Superior Court (Cital)
Homeowners must comply with builder’s prelitigation procedures in purchase agreement before suing for alleged construction defects under Right to Repair Act. |
Real Property |
|
Mar. 25, 2014 | |
B245052
|
Richman v. Hartley
Seller may not sue buyer of mixed-use property for breach of agreement when he failed to deliver transfer disclosure statement during deal. |
Real Property |
|
Mar. 21, 2014 | |
B243015
|
Bowman v. California Coastal Commission
Following county’s approval of development permit, landowner may not challenge public ‘costal access condition’ by filing second application. |
Real Property |
|
Mar. 19, 2014 | |
C067758
|
Property Reserve Inc. v. Superior Court (Dept. of Water Resources)
California may not conduct precondemnation environmental activities on private properties to build tunnel to transport water from Northern California. |
Real Property |
|
Mar. 17, 2014 | |
D061370
|
Eskeland v. City of Del Mar (Scurlock)
City correctly approves variance to excuse hillside property owner from 20-foot front yard setback requirement based on property’s unique characteristics. |
Real Property |
|
Mar. 17, 2014 | |
D064567
|
Seahaus La Jolla Owners Association v. Superior Court (La Jolla View Ltd. LLC)
Developer may not force homeowners to disclose contents of informational meetings, during which law firm informed them of litigation developments. |
Real Property |
|
Mar. 13, 2014 | |
F062160
|
Adams v. MHC Colony Park Limited Partnership
After 63 of 68 losing plaintiffs in mobilehome park case successfully appealed judgment, nonappealing plaintiffs get chance to reargue attorney fees. |
Real Property |
|
Mar. 12, 2014 | |
12-1173
|
Marvin M. Brandt Revocable Trust v. United States
Private landowner has unburdened access to abandoned right of way on land, which U.S. granted to railroad under General Railroad Right-of-Way Act of 1875. |
Real Property |
|
Mar. 11, 2014 | |
E055716
|
Saffie v. Schmeling
Real estate buyer, who purchased property in earthquake study zone, may not sue seller or seller’s broker after discovering he could not build on property. |
Real Property |
|
Mar. 10, 2014 | |
D061665
|
Brewer Corp. v. Point Center Financial Inc.
Contractors' ‘stop notice’ claims to project funds take priority over construction lender’s right to reimburse itself for fees. |
Real Property |
|
Mar. 3, 2014 |