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Name Category Published
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
Multani v. Witkin & Neal
Homeowners' association trustee must notify delinquent homeowners of redemption right following foreclosure sale of their condominium unit. 		Real Property May 30, 2013
Dow v. Lassen Irrigation Co.
Irrigation company cannot divert and store water under 1940 judgment and decree where disputed clause granted no such rights and would clash with decree. 		Real Property May 23, 2013
Bock v. California Capital Loans Inc.
Corporation’s loan is exempt from prohibition on excessive interest because licensed real estate broker, who also owned corporation, arranged the deal. 		Real Property May 21, 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 May 20, 2013
Biancalana v. T.D. Service Co.
Trustee may void nonjudicial foreclosure sale where it mistakenly gave auctioneer opening bid price that was less than 10 percent of actual amount of bid. 		Real Property May 17, 2013
Corrie v. Soloway
New agreement conditioning sale of property on compliance with Subdivision Map Act is valid as replacement for previous unlawful agreement. 		Real Property May 17, 2013
The Board of Trustees of the Leland Stanford Junior University v. Ham
Eviction notice on apartment and mailed to address is justified where landlord repeatedly tried to serve tenant, who gave no other contact address. 		Real Property May 16, 2013
Bock v. California Capital Loans Inc.
Corporation’s loan is exempt from prohibition on excessive interest because licensed real estate broker, who also owned corporation, arranged the deal. 		Real Property May 15, 2013
Lockaway Storage v. County of Alameda
County may not use growth control initiative to stop development of vehicle storage facility because project received approval before measure became effective. 		Real Property May 10, 2013
Copenbarger v. Morris Cerullo World Evangelism
Sublessor may not stike lawsuit by sublessee seeking to resolve dispute over repair and maintenance obligations under terms of lease. 		Real Property May 2, 2013
Multani v. Witkin & Neal
Homeowners' association trustee must notify delinquent homeowners of redemption right following foreclosure sale of their condominium unit. 		Real Property May 2, 2013
Hamilton Court LLC v. East Olympic LP
Easement on commercial real property does not terminate even if record title to separate properties were both held by tenants in common. 		Real Property Apr. 17, 2013
Scott v. JPMorgan Chase Bank N.A.
In dispute over loan default, court properly considers facts in contract between government and bank because contract constituted official act of government. 		Real Property Apr. 17, 2013
Sexton v. NDEX West LLC
State court does not have authority over wrongful foreclosure case after case was properly removed to federal court, ending state court’s jurisdiction. 		Real Property Apr. 15, 2013
Hagman v. Meher Mount Corp.
Property owner may obtain portion of neighbor’s land through adverse possession because neighboring religious group does not qualify as public entity. 		Real Property Apr. 4, 2013
Intengan v. BAC Home Loans Servicing LP
Homeowner may pursue wrongful foreclosure claim against loan servicer that failed to make initial contact with homeowner prior to proceeding with foreclosure process. 		Real Property Mar. 25, 2013
Centex Homes v. Superior Court (City of San Diego)
City may not deny builder’s equitable indemnity claim as untimely when homeowners' complaint against builder did not involve allegations giving rise to claim. 		Real Property Mar. 25, 2013
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