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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
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 Mar. 20, 2013
County of Sonoma v. Federal Housing Finance Agency
California counties unsuccessfully challenge Federal Housing Finance Agency’s directive preventing Fannie Mae and Freddie Mac from purchasing certain mortgages.
Real Property Mar. 20, 2013
West v. JPMorgan Chase Bank N.A.
Homeowner may sue bank under Home Affordable Mortgage Program when bank denied her permanent loan modification although she complied with trial period plan.
Real Property Mar. 19, 2013
Appel v. Superior Court (Webcor Construction Inc.)
In dispute over mechanic's lien, contract for construction work may be taken into account even where property owners were not party to contract.
Real Property Mar. 12, 2013
Hutton v. Fidelity National Title Co.
Lawsuit against escrow company for charging notarization fees above statutory limit fails because additional fee was attributable to other services provided by notary.
Real Property Feb. 25, 2013
ABCO LLC v. Eversley
Los Angeles landlord may not increase rent for premises used by tenant as workspace and residence within larger building with multiple spaces.
Real Property Feb. 15, 2013
Aguayo v. Amaro
Adverse possession claim fails because plaintiff proceeded with 'unclean hands' by filing deceitful deed that caused tax bills to be redirected from legal owners.
Real Property Feb. 15, 2013
Acquire II Ltd. v. Colton Real Estate Group
Real estate group may be able compel arbitration of investors’ claims, even if only some had arbitration provisions in their governing documents.
Real Property Feb. 12, 2013
Hutton v. Fidelity National Title Co.
Lawsuit against escrow company for charging notarization fees above statutory limit fails because additional fee was attributable to other services provided by notary.
Real Property Feb. 4, 2013
Windsor Pacific LLC v. Samwood Co. Inc.
Property owner is entitled to attorney fee award after successfully asserting defense that required interpretation of easement agreement containing fee provision.
Real Property Jan. 31, 2013
Ahdout v. Hekmatjah
Trial court must evaluate arbitrators’ denial of developer’s claim seeking disgorgement of compensation from unlicensed contractor.
Real Property Jan. 28, 2013
R.E. Loans LLC v. Investors Warranty of America Inc.
Lender does not breach subordination agreement when new loan secured by lender's trust deed exceeded amount specified in agreement.
Real Property Jan. 23, 2013
Grossman v. Park Fort Washington Association
After prevailing in dispute with homeowners' association over fireplace and cabana, owners are entitled to attorney fees incurred during pre-litigation mediation.
Real Property Jan. 16, 2013