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Name Category Published
Cottonwood Duplexes LLC v. Barlow
Developer may not shorten property owner’s road easement, even if use of road could decrease due to new public roads in development. 		Real Property Nov. 14, 2012
Friends of Aviara v. City of Carlsbad
City must adopt timeline dealing with inconsistencies in general plan when revising housing element to provide low cost housing. 		Real Property Nov. 2, 2012
Chino MHC LP v. City of Chino
City may not deny mobile home park owner's application to convert park to resident ownership because conversion was not a sham to avoid rent control. 		Real Property Nov. 1, 2012
Laurel Park Community LLC v. City of Tumwater
City ordinances seeking to prevent manufactured home parks from closing are not takings because they had nearly no economic effect. 		Real Property Oct. 30, 2012
Rony v. Costa
Neighbor who hired laborer to cut branches that extended onto her property must pay for damage to tree’s aesthetics and functionality. 		Real Property Oct. 29, 2012
PV Little Italy LLC. v. MetroWork Condominium Association
Enhanced voting rights for condominium development in downtown San Diego passes to another company because initial developer defaulted on construction loans. 		Real Property Oct. 19, 2012
Council of San Benito County Governments v. Hollister Inn Inc.
County may take road leading to hotel over private property without considering the alternative of taking neighbor’s property. 		Real Property Sep. 20, 2012
Zintel Holdings LLC v. McLean
Under lease agreement, tenant is entitled to attorney fees when he defeated landlord's allegations that his lease was fraudulent. 		Real Property Sep. 19, 2012
Vieira Enterprises Inc. v. City of East Palo Alto
Plaintiff's substantive due process claim against city fails because it did not have property interest in manufactured homes that had become fixtures. 		Real Property Sep. 14, 2012
Pacific Bell Telephone Co. v. Southern California Edison Co.
Privately owned electricity company must pay for damage caused to telephone cables after bird collided with company's power lines. 		Real Property Sep. 14, 2012
Martin v. Van Bergen
In boundary dispute between neighbors, boundary of parcel is not created by agreement when neighbors never agreed to anything. 		Real Property Sep. 7, 2012
Sumner Hill Homeowners’ Association Inc. v. Rio Mesa Holdings LLC
Legislature or Supreme Court should resolve issue of incongruity of two accepted standards of navigability as to same portion of river. 		Real Property Sep. 7, 2012
Pacific Bell Telephone Co. v. Southern California Edison Co.
Privately owned electricity company must pay for damage caused to telephone cables after bird collided with company's power lines. 		Real Property Sep. 4, 2012
Kallis v. Sones
Neighbor must pay full cost of restoration after cutting down tree that rested on shared property line. 		Real Property Aug. 31, 2012
Assessor for County of Santa Barbara v. Assessment Appeals Board No. 1 (Rancho Goleta Lakeside Mobileers Inc.)
Tax reassessments of spaces in mobilehome park are invalid because they relied on methodology that was inconsistent with statute. 		Real Property Aug. 31, 2012
Barroso v. Ocwen Loan Servicing LLC
Trial court errs in sustaining demurrer without leave to amend where plaintiff adequately alleged existence of valid contract for home loan modification. 		Real Property Aug. 22, 2012
Pinnacle Museum Tower Association v. Pinnacle Market Development (US) LLC
Although homeowners' association did not exist independent of developer when recorded declaration was drafted, arbitration clause in declaration is enforceable against association. 		Real Property Aug. 17, 2012
Vieira Enterprises Inc. v. City of East Palo Alto
Plaintiff's substantive due process claim against city fails because it did not have property interest in manufactured homes that had become fixtures. 		Real Property Aug. 16, 2012
City of Corona v. Liston Brick Co. of Corona
Party in eminent domain proceeding may not cross-examine appraisal expert with alternative appraisal where valuation is done by another expert. 		Real Property Aug. 15, 2012
Arabia v. BAC Home Loans Servicing L.P.
Loan servicer may initiate judicial foreclosure proceeding because its rights exist under contract and are not precluded by statute. 		Real Property Aug. 14, 2012
Worthington v. Davi
In granting relief under Real Estate Recovery Fund, trial court may consider arbitrator’s factual findings when determining if judgment was based on fraud. 		Real Property Aug. 9, 2012
Weinstein v. Rocha
Settlement agreement that merely modifies terms of promissory note secured by real property fails to render anti-deficiency statute inapplicable. 		Real Property Aug. 2, 2012
Goldstone v. County of Santa Cruz
County may consider results of resident survey that revealed near-unanimous opposition to mobilehome park conversion in denying conversion application. 		Real Property Jul. 18, 2012
Griffith v. City of Santa Cruz
State Housing Law does not preempt city’s ordinance, which called for annual inspections of all residential rental properties within city limits. 		Real Property Jul. 17, 2012
Wilson v. Hynek
Plaintiff’s claim for unfair competition is unavailing where he fails to even allege that defendants’ wrongdoing could meet ‘unfairness test.’ 		Real Property Jul. 17, 2012
Freeman v. Vista de Santa Barbara Associates LP
Rent control ordinance applies to mobilehome space because original lease prohibited subletting and park failed to give notice of new rule allowing subletting. 		Real Property Jul. 11, 2012
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. 5, 2012
City of Chula Vista v. Gutierrez
Receiver is not entitled to compensation where he failed to record lien and performed services before lender gained control of property. 		Real Property Jul. 5, 2012
Skov v. U.S. Bank National Association
Complaint sufficiently pleads violation of Civil Code Section 2923.5 alleging failure to explore options for borrower to avoid foreclosure because issue as to compliance with statute existed. 		Real Property Jul. 5, 2012
Fait v. New Faze Development Inc.
Bad faith waste occurs when building is destroyed by purchasers for reasons other than economic pressure. 		Real Property Jun. 28, 2012
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