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Community Youth Athletic Center v. City of National City
Community youth center averts city’s blight designation of its property, but may not stop city from possibly attempting to take its land in the future.
Real Property Oct. 31, 2013
Fowler v. M&C Association Management Services Inc.
Home purchaser may not file lawsuit against property management company based on its failure to record imposition of transfer fees.
Real Property Oct. 29, 2013
Nissho of California Inc. v. Bond Safeguard Insurance Co.
Landscaper may only recover amount in offsite labor and materials bond, rather than all seven bonds for residential community development project.
Real Property Oct. 24, 2013
Visendi v. Bank of America N.A.
Class action against banks for deceptive mortgage lending is properly sent to federal court because it involved more than 100 homeowners, who proposed a joint trial.
Real Property Oct. 24, 2013
Bushell v. JPMorgan Chase Bank N.A.
Bank must offer to permanenty modify homeowners' mortgage so they could avoid foreclosure after complying with trial modification plan.
Real Property Oct. 23, 2013
Colony Cove Properties LLC v. City of Carson
Mobilehome park owner must abide by city's rental review board determination regarding rent levels, but may still pursue related federal claims.
Real Property Oct. 22, 2013
Sterling Park L.P. v. City of Palo Alto
Developers may proceed with residential condominium project while challenging City of Palo Alto’s below market housing program.
Real Property Oct. 18, 2013
Self v. Sharafi
Couple may not build on their part of lot in City of San Diego due to restriction put in place more than 40 years before purchase.
Real Property Oct. 14, 2013
Friars Village Homeowners Association v. Hansing
Homeowners’ association may enact rule that forbids relatives to serve together on board of directors to avoid conflicts of interest.
Real Property Oct. 10, 2013
Brandt Revocable Trust, et al. v. United States
Order
Real Property Oct. 2, 2013
O'Donoghue v. Superior Court (Performing Arts LLC)
Referee will decide construction loan dispute, even if developers claim they did not realize they waived their jury trial rights in guaranty agreement.
Real Property Oct. 1, 2013
Rossberg v. Bank of America N.A.
Bank of America may sell home after adequately contacting homowners, who defaulted on loan, by calling and sending them letters.
Real Property Sep. 27, 2013
Benson v. Marin County Assessment Appeals Board (Mikkelsen)
Co-owner must pay higher property taxes on house because he changed the characterization of his ownership to 'tenant in common.'
Real Property Sep. 27, 2013
Liberty Mutual Insurance Co. v. Brookfield Crystal Cove LLC
Insurer may file suit against developer to recover expenses caused by construction defects after pipe burst and caused significant damage to insured’s home.
Real Property Sep. 27, 2013
McMaster v. United States
Mining claim's owner, who received patent on mineral deposits within the land, cannot claim title to surface land and structures on it.
Real Property Sep. 25, 2013
Sacramento Sikh Society Bradshaw Temple v. Tatla
Nonprofit religious corporation’s founders may no longer assert control over property and temple, after new members took control via election.
Real Property Sep. 25, 2013
Young v. State Water Resources Control Board (Woods Irrigation Co.)
State Water Resources Control Board may prevent illegal diversions of water, even if water company claims it had rights to the water prior to 1914.
Real Property Sep. 23, 2013
Chavez v. Indymac Mortgage Services
Indymac may not foreclose on property by claiming home loan modification, which it failed to sign and send to homeowner, was invalid.
Real Property Sep. 20, 2013
Aspiras v. Wells Fargo Bank N.A.
Homeowners cannot sue bank for fraudulent foreclosure without specifically describing phone call, during which bank agreed to reopen home loan modification.
Real Property Sep. 18, 2013
Tearlach Resources Ltd. v. Western States International Inc.
State court has authority to decide litigation involving oil and gas leases on federal land because U.S. was not implicated.
Real Property Sep. 18, 2013
Joannou v. City of Rancho Palos Verdes
Homeowner may not use portion of city-owned land on which her land migrated over several years due to prehistoric landslide.
Real Property Sep. 13, 2013
Western States International Inc. v. Tearlach Resources Ltd.
State court has authority to decide litigation involving oil and gas leases on federal land because U.S. was not implicated.
Real Property Sep. 11, 2013
Sylvia Landfield Trust v. City of Los Angeles
Los Angeles Housing Dept. may lower tenant rents to penalize landlords, who failed to repair housing code violations.
Real Property Sep. 10, 2013
Martin-Bragg v. Moore
Lawsuits filed by former domestic partners, who both claimed they owned the same residence, must be combined to protect right to full trial.
Real Property Sep. 5, 2013
Young v. State Water Resources Control Board (Woods Irrigation Co.)
State Water Resources Control Board may prevent illegal diversions of water, even if water company claims it had rights to the water prior to 1914.
Real Property Sep. 5, 2013
Banuelos v. LA Investment LLC
Mobile home park owners may not claim that eviction of tenant, who had filed lawsuit against them, was protected conduct during litigation proceedings.
Real Property Sep. 4, 2013
O'Donoghue v. Superior Court (Performing Arts LLC)
Referee will decide construction loan dispute, even if developers claim they did not realize they waived their jury trial rights in guaranty agreement.
Real Property Sep. 3, 2013
Dromy v. Lukovsky
Owner of residential condominium may hold open houses during limited hours on weekends despite tenant’s objections.
Real Property Sep. 3, 2013
Liberty Mutual Insurance Co. v. Brookfield Crystal Cove LLC
Insurer may file suit against developer to recover expenses caused by construction defects after pipe burst and caused significant damage to insured’s home.
Real Property Aug. 29, 2013
Siliga v. Mortgage Electronic Registration Systems Inc.
Borrowers may not challenge Mortgage Electronic Registration Systems Inc.’s authority to foreclose after agreeing to company's authority to assign deed of trust.
Real Property Aug. 28, 2013