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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
Hendleman v. Los Altos Apartments L.P.
Tenants may not bring class action against landlord for alleged failure to repair and maintain property in safe condition and unlawful rent increases. 		Real Property Aug. 22, 2013
People ex rel. Dept. of Transportation v. McNamara
Caltrans does not have to pay property owners for decreased value in property before taking it as part of highway improvement project. 		Real Property Aug. 15, 2013
Thrifty Payless Inc. v. The Americana at Brand LLC
Tenant may sue Americana at Brand shopping center for providing it with inaccurate estimates regarding what its share of rental costs would be before entering lease. 		Real Property Aug. 15, 2013
King v. Wu
Property owners may use strip of driveway on neighbors’ property although neighbors asserted their property had been rented out for over 40 years. 		Real Property Aug. 15, 2013
Dunex Inc. v. City of Oceanside
City may deny application to convert mobilehome park from rental subdivision to individual ownership due to failure to comply with local coastal program. 		Real Property Aug. 14, 2013
Glaski v. Bank of America
Borrower may sue bank for wrongful foreclosure where attempted transfer of loan to securitized trust occurred after trust’s closing date. 		Real Property Aug. 12, 2013
City of Perris v. Stamper
Jury must consider value of parcel before city takes parcel for new truck route because city wanted owners to dedicate parcel to city. 		Real Property Aug. 12, 2013
Corvello v. Wells Fargo Bank NA
Banks must offer permanent home loan modifications to borrowers, or timely notify them that they do not qualify, if they comply with requirements of their trial period plans. 		Real Property Aug. 9, 2013
Honchariw v. County of Stanislaus
Developer prevails in suit against county to subdivide parcel into residential lots, but does not win attorney fees because project was not for low-income housing. 		Real Property Aug. 9, 2013
Citizens Business Bank v. Gevorgian
Seller prevails over bank over competing claims of lien priority where bank entered into secret dealings with developer, substantially impairing seller’s security. 		Real Property Aug. 2, 2013
Pyramid Lake Paiute Tribe of Indians v. State of Nevada, Dept. of Wildlife
Diversion of Carson River to sustain waterfowl wildlife habitat does not constitute ‘irrigation,’ and is not allowed under rules governing Nevada Reclamation Project. 		Real Property Jul. 31, 2013
Enloe v. Kelso
Sellers who accepted deed of trust from purchasers to secure purchase price is prohibited from obtaining deficiency judgment in event of purchaser’s default. 		Real Property Jul. 29, 2013
Trapp v. Naiman
Plaintiff’s claims against attorney for filing unlawful detainer actions on behalf of his client are subject to dismissal under anti-SLAPP statute. 		Real Property Jul. 26, 2013
Eucasia Schools Worldwide Inc. v. DW August Co.
Notice of inspection sent to lessee’s counsel does not violate lease notice provision where lessee emphatically stated that notice had to be given to counsel. 		Real Property Jul. 25, 2013
Opinion of Harris (11-703)
Mobilehome park management is bound by same no-rental/no-subletting rules and regulations that are imposed on mobilehome owners. 		Real Property Jul. 25, 2013
Brooktrails Township Community Services District v. Board of Supervisors of Mendocino County
According to voter initiative, utility district may not impose water and sewer base rates after discontinuation of services by property owners. 		Real Property Jul. 25, 2013
Coker v. JP Morgan Chase Bank N.A.
Anti-deficiency protection applies to borrower after she sold residence to third party for price less than outstanding loan balance, with lender’s approval. 		Real Property Jul. 24, 2013
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