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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
The H.N. and Frances C. Berger Foundation v. Perez
Property owner may not sue to enforce improvement agreements where it was only incidental beneficiary of agreements, not party to them. 		Real Property Jul. 24, 2013
Bank of America N.A. v. Roberts
Bank of America may recover against borrower, who defaulted on loan despite her agreement to remain obligated to repay loan after short sale on property. 		Real Property Jul. 18, 2013
Diamond v. Superior Court (Casa Del Valle Homeowners Association)
Homeowners association cannot foreclose on townhouse because it failed to strictly comply with pre-lien and pre-foreclosure notice requirements under Davis-Stirling Act. 		Real Property Jul. 15, 2013
Orange Citizens for Parks and Recreation v. Superior Court (Milan REI IV LLC)
City council’s approval of low-density residential development project in land formerly used as golf course is consistent with city’s general plan. 		Real Property Jul. 12, 2013
Zadrozny v. Bank of New York Mellon
Homeowners may not attack foreclosure proceedings because Arizona law does not require beneficiary to show possession of promissory note to exercise power of sale. 		Real Property Jul. 1, 2013
Fuller v. First Franklin Financial Corp.
Predatory mortgage lenders may not attack first-time homebuyers' claims as late where lenders purposely withheld facts to induce loans. 		Real Property Jun. 25, 2013
Koontz v. St. Johns River Water Management District
Land-use permit applicant has constitutional claim based on conditions imposed by District whether or not permit was denied. 		Real Property Jun. 25, 2013
Jenkins v. JP Morgan Chase Bank N.A.
Debtor may not challenge foreclosure by bank based on theory that loan was pooled with other home loans in securitized trust. 		Real Property Jun. 13, 2013
Tarrant Regional Water District v. Herrmann
Oklahoma may prevent Texas water district from taking its surface water from tributary of Red River in area governed by compact. 		Real Property Jun. 13, 2013
Julius Castle Restaurant Inc. v. Payne
In dispute over restaurant property, plaintiffs may introduce evidence of assurances regarding quality of restaurant equipment under fraud exception to parol evidence rule. 		Real Property Jun. 10, 2013
California Building Industry Association v. City of San Jose
Building industry association must prove City of San Jose did not have legitimate purpose of ensuring affordable housing to strike ‘Inclusionary Housing Ordinance.’ 		Real Property Jun. 7, 2013
Brisbane Lodging LP v. Webcor Builders Inc.
Hotel company may not sue construction company for plumbing defects more than four years after substantial completion of construction. 		Real Property Jun. 4, 2013
Fuller v. First Franklin Financial Corp.
Predatory mortgage lenders may not attack first-time homebuyers' claims as late where lenders purposely withheld facts to induce loans. 		Real Property May 30, 2013
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