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Deutsche Bank National Trust Co. v. McGurk
Where defendant is voluntarily dismissed from quiet title action, quiet title judgment is not binding on company that defendant assigned its deed of trust to.
Real Property May 22, 2012
Herrera v. Federal National Mortage Association
Trial court does not abuse its discretion by sustaining demurrer without leave to amend where plaintiffs failed to allege specific factual basis for alleging foreclosure sale was not initiated by correct party.
Real Property May 17, 2012
Assessor for County of Santa Barbara v. Assessment Appeals Board No. 1 (Rancho Goleta Lakeside Mobileers Inc.)
Reassessments of mobilehome park spaces are invalid where reassessments relied upon methodology that was inconsistent with plain meaning and legislative history of statute.
Real Property May 16, 2012
City of Livermore v. Baca
Plaintiff’s claim for permanent severance damages does not require showing of substantial impairment of access to his property before determining admissibility of proffered evidence.
Real Property May 16, 2012
William L. Lyon & Associates Inc. v. Superior Court (Henley)
Two-year statute of limitations for filing action for breach of duty owed by seller's broker to buyer does not apply where buyers alleged claims against dual listing agent.
Real Property May 13, 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 May 10, 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 May 2, 2012
Ginsberg v. Gamson
Court errs in construing option in commercial lease as granting unlimited renewals because option did not unequivocally establish intent to create right to unlimited extensions.
Real Property May 1, 2012
GECCMC 2005-C1 Plummer Street Office Limited Partnership v. NRFC NNN Holdings LLC
Loan guaranty is not triggered because leases were not terminated where lessor did not terminate lessee's right of possession with notice of termination.
Real Property Apr. 30, 2012
Haynes v. EMC Mortgage Corp.
Trustee may exercise power to sell property regardless of whether assignment of beneficial interest in deed of trust is recorded first.
Real Property Apr. 24, 2012
Anchor Pacifica Management Co. v. Green
Management company, which operated apartments developed with redevelopment agency’s assistance, must identify good cause when evicting tenant participating in housing assistance program.
Real Property Apr. 23, 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 Apr. 17, 2012
Brown v. Wells Fargo Bank NA
Appeal seeking to delay trustee's sale by protesting ex parte relief where no ex parte relief had been granted raises no viable issue and is frivolous as matter of law.
Real Property Apr. 16, 2012
William L. Lyon & Associates Inc. v. Superior Court (Henley)
Two-year statute of limitations for filing action for breach of duty owed by seller's broker to buyer does not apply where buyers alleged claims against dual listing agent.
Real Property Apr. 12, 2012
Quail Lakes Owners Association v. Kozina
Petition by homeowners’ association to reduce supermajority voting restriction is properly granted where court found proper notice had been given to members.
Real Property Apr. 10, 2012
Connolly v. Trabue
Doctrine of laches does not bar plaintiff’s claim seeking establishment of right to prescriptive easement because laches does not apply to actions at law.
Real Property Apr. 10, 2012
Bank of America N.A. v. Mitchell
Bank is barred from seeking deficiency judgment on deed of trust recorded against real property that has already been sold at nonjudicial foreclosure sale.
Real Property Apr. 10, 2012
GECCMC 2005-C1 Plummer Street Office Limited Partnership v. NRFC NNN Holdings LLC
Loan guaranty is not triggered because leases were not terminated where lessor did not terminate lessee's right of possession with notice of termination.
Real Property Mar. 29, 2012
Jamieson v. City Council of the City of Carpinteria
City properly denies property owner’s request for permit to enlarge patio because owner did not have vested right to expand patio under stipulated judgment.
Real Property Mar. 28, 2012
Debrunner v. Deutsche Bank National Trust Co.
Trustee’s attempt to stop foreclosure on property by another trustee is properly dismissed because possession of promissory note is not required to initiate foreclosure.
Real Property Mar. 18, 2012
Besaro Mobile Home Park LLC v. City of Fremont
Denial of mobile home park's application for rent increase under rent control ordinance does not violate due process because ordinance protected tenants from imbalance in bargaining power.
Real Property Mar. 15, 2012
People ex rel. Dept. of Transportation v. Superior Court (Menigoz)
Property owners are not entitled to litigation expenses in eminent domain action because award is not permitted when case is resolved before trial.
Real Property Mar. 1, 2012
RealPro Inc. v. Smith Residual Co. LLC
Real estate broker's offer to purchase property based on listing agreement does not materialize into sale that triggers broker’s right to commission.
Real Property Feb. 28, 2012
PPL Montana LLC v. Montana
Montana Supreme Court must determine whether state owned disputed riverbeds based on segment-by-segment test, which assesses navigability of rivers.
Real Property Feb. 23, 2012
Glen Oaks Estates Homeowners Association v. Re/Max Premier Properties Inc.
Homeowners' association has standing to pursue action against realtors for concealment or misrepresentation in matter pertaining to damage to common area.
Real Property Feb. 23, 2012
Lin v. Jeng
In partition action where plaintiffs received title as trustees of resulting trust, court's apportionment of attorney fees to defendants is equitable.
Real Property Feb. 23, 2012
Santa Monica Properties v. Santa Monica Rent Control Board
Rent control board does not have authority to decrease rent after landlord lowered temperature on hot tub in apartment building.
Real Property Feb. 17, 2012
Water Replenishment District of Southern California v. City of Cerritos
Trial court has jurisdiction to consider water transfer and appointment of watermaster where appellate court previously held that it could consider proposed allocation.
Real Property Feb. 10, 2012
General Development Co. L.P. v. City of Santa Maria
Developer’s challenge to city council’s denial of zone change is subject to short 90-day statute of limitations pursuant to applicable Government Code section.
Real Property Jan. 26, 2012
Water Replenishment District of Southern California v. City of Cerritos
Trial court has jurisdiction to consider water transfer and appointment of watermaster where appellate court previously held that it could consider proposed allocation.
Real Property Jan. 19, 2012