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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
M.F. Farming Co. v. Couch Distributing Co.
Order granting Anti-SLAPP motion is appropriate where claim was based on protected speech in city permit hearing and despite publishing of allegedly false statements. 		Real Property Jun. 26, 2012
Cadlerock Joint Venture L.P. v. Lobel
Holder of junior lien that is extinguished during nonjudicial foreclosure may sue debtor for amount owed where lienholders have different interests. 		Real Property Jun. 21, 2012
Cadlerock Joint Venture L.P. v. Lobel
Holder of junior lien that is extinguished during nonjudicial foreclosure may sue debtor for amount owed where lienholders have different interests. 		Real Property Jun. 21, 2012
Sandler v. Sanchez
Designated officer of corporate real estate broker may not be held liable by third parties for alleged failure to supervise corporate employee. 		Real Property Jun. 18, 2012
That v. Alders Maintenance Association
Unfair competition law claim against homeowners' association, which is based on election dispute, fails because association is not 'business' within statute's meaning. 		Real Property Jun. 17, 2012
Cullen v. Corwin
Party refusing requests for mediation on grounds of incomplete discovery cannot recover attorney fees under standard form real property purchase agreement. 		Real Property Jun. 7, 2012
City of Malibu v. California Coastal Commission (Santa Monica Mountains Conservancy)
Coastal Commission exceeds its jurisdiction in approving public agency’s proposed amendments to city’s certified local coastal program, which were unrelated to any specific public works project. 		Real Property Jun. 5, 2012
Nickell v. Matlock
Quiet title actions require evidentiary hearings before judgment can be entered, even when defendant is in default. 		Real Property Jun. 4, 2012
Cal Sierra Construction Inc. v. Comerica Bank
In enforcement action, banks are not entitled to file motion to release mechanics lien and stop notice because their property interest was not at stake. 		Real Property May 31, 2012
Cyr v. McGovran
Three-year statute of limitations for injury to real property does not apply where plaintiff only had option to purchase, rather than title to property. 		Real Property May 29, 2012
Freeman v. Quicken Loans Inc.
Plaintiffs must demonstrate that charge for settlement services was divided between two or more persons to establish violation of Real Estate Settlement Procedures Act. 		Real Property May 24, 2012
California Pines Property Owners Association v. Pedotti
In dispute over water rights, 'best efforts' clause in contract requires rancher to act as reasonable person in comparable circumstances, not as fiduciary. 		Real Property May 24, 2012
Shady Tree Farms v. Omni Financial
Claimant must serve preliminary 20-day notice before filing materialman’s lien because it was under direct contract with development’s owner and furnished materials. 		Real Property May 22, 2012
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