Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A168529
|
Di Martini v. Superior Court (Gupta)
A claimant must seek court permission before filing a second lis pendens on the same property in a subsequent proceeding. |
Real Property |
|
V. Rodriguez | Jan. 24, 2024 |
B322619
|
Campbell v. FPI Management, Inc.
Low-income tenants retained standing to bring Unfair Competition Law claim because they suffered an injury in fact when they received three-day notice rather than the required 30-day notice. |
Real Property |
|
R. Evenson | Jan. 22, 2024 |
D082234
|
Vulcan Lands, Inc. v. Victoria Older Currier
Ambiguous mineral rights agreement included sand and gravel because both have commercial value, can be mined, and have been mined in the area since the 1920's. |
Real Property |
|
W. Dato | Dec. 22, 2023 |
A164470
|
Duncan v. Kihagi
Tenants were not barred from seeking other relief from harassing landlords after they vacated the property since they only abandoned the issue of current possession. |
Real Property |
|
J. Humes | Oct. 20, 2023 |
H049791
|
Homeward Opportunities Fund I Trust 2019-2 v. Taptelis
Plaintiff could not prevail in unlawful detainer action--where it failed to resolve recorded lis pendens prior to serving notice to quit--because title in the property was not perfected. |
Real Property |
|
C. Lie | Oct. 13, 2023 |
B320562
|
Fitness International v. KB Salt Lake III
Fitness company was required to finish renovations on a fitness center during COVID-19 because state and law orders allowed for construction of commercial buildings. |
Real Property |
|
J. Segal | Sep. 28, 2023 |
B308055
|
Maarten v. Cohanzad
Evicted plaintiffs alleged sufficient facts demonstrating that issue of whether landlords' placement of the property on Airbnb was for residential purposes could be determined by facts common to the class. |
Real Property |
|
R. Adams | Sep. 20, 2023 |
22-35573
|
Alaska Railroad Corp. v. Flying Crown Subdivision
District Court properly granted summary judgment for Alaska Railroad Corp. in property rights action regarding a 100-year-old railroad easement. |
Real Property |
|
J. Nguyen | Sep. 19, 2023 |
D080208
|
LNSU #1, LLC v. Alta Del Mar Coastal Collection Community Assn.
Though trial court ruled in favor of defendant, plaintiff's Open Meeting Act action was not frivolous or unreasonable, despite the court's finding of unclean hands and plaintiff's rejection of a settlement offer. |
Real Property |
|
J. Irion | Aug. 28, 2023 |
B322976
|
Cave Landing, LLC v. California Coastal Commission
Despite local county's issuance of coastal development permit, the California Coastal Commission's ultimate authority over coastal area properties superseded county permit. |
Real Property |
|
A. Gilbert | Aug. 21, 2023 |
B317420
|
Modification: Ridec LLC v. Hinkle
Deed of trust still valid where quiet title judgment regarding the subject property was later set aside for fraud because the encumbering party had no knowledge of the judgment's defects. |
Real Property |
|
B. Hoffstadt | Jul. 31, 2023 |
A164531
|
640 Octavia v. Pieper
Tenants' evidence of prior negative interactions with San Francisco landlord were irrelevant to unlawful detainer action and landlord's bona fide intent to remove the property from the rental market. |
Real Property |
|
M. Markman | Jul. 28, 2023 |
C093603M
|
Modification: South Lake Tahoe Property Owners Group v. City of South Lake Tahoe
South Lake Tahoe vacation home renters did not have a vested constitutional property right from reliance on vacation home rental permits because the rental permits only granted a revocable license. |
Real Property |
|
H. Hull | Jul. 14, 2023 |
B317420
|
Ridec LLC v. Hinkle
Deed of trust still valid where quiet title judgment regarding the subject property was later set aside for fraud because the encumbering party had no knowledge of the judgment's defects. |
Real Property |
|
B. Hoffstadt | Jul. 3, 2023 |
A163550
|
Visitacion Investment v. 424 Jessie Historic Properties
Due to contractual ambiguity and triable issues of fact, summary judgment was improper in action to quiet title on easement due to alleged abandonment. |
Real Property |
|
T. Stewart | Jun. 29, 2023 |
C093603
|
South Lake Tahoe Property Owners Group v. City of South Lake Tahoe
South Lake Tahoe vacation home renters did not have a vested constitutional property right from reliance on vacation home rental permits because the rental permits only granted a revocable license. |
Real Property |
|
H. Hull | Jun. 21, 2023 |
G062001
|
Borden v. Stiles
Summary judgment was not appropriate where there was no evidence in the record regarding the date of landlord's death--relevant as to whether tenant was in lawful occupation of the property. |
Real Property |
|
J. Motoike | Jun. 8, 2023 |
G060657
|
Shetty v. HSBC Bank USA, N.A.
Pursuant to Civil Code Section 2924c, grant deed holder, who was not the original borrower, was a successor-in-interest to foreclosed condo and therefore was entitled to reinstatement rights. |
Real Property |
|
K. O'Leary | May 22, 2023 |
A162465
|
Modification: Crescent Trust v. City of Oakland
For purposes of the Subdivision Map Act, determining whether property lot was separate from or had been legally merged with other lots required an analysis of controlling laws at the time of lots' origin. |
Real Property |
|
K. Banke | May 22, 2023 |
E076654
|
65283 Two Bunch Palms Building LLC v. Coastal Harvest II, LLC
Evidence of parties' intentions that oral lease for property where cannabis was cultivated be month to month overcame presumption of one year term for oral leases of agricultural land. |
Real Property |
|
A. McKinster | May 9, 2023 |
A162465
|
Crescent Trust v. City of Oakland
For purposes of the Subdivision Map Act, determining whether property lot was separate from or had been legally merged with other lots required an analysis of controlling laws at the time of lots' origin. |
Real Property |
|
K. Banke | Apr. 24, 2023 |
A164045
|
Shenson v. County of Contra Costa
Property owners' inverse condemnation claim was denied because the county exerted no direct control over the defective drainage system when it approved its construction. |
Real Property |
|
T. Stewart | Apr. 3, 2023 |
C095860
|
Modification: River's Side at Washington Squate Homeowners Assn. v. Superior Court (River's Side LLC)
A homeowners association had standing to bring claims for damages to residential units that sounded in contract or fraud if it met the requirements for bringing a representative action pursuant to Code of Civil Procedure Section 382. |
Real Property |
|
L. Earl | Apr. 3, 2023 |
21-1164
|
Wilkins v. U.S.
Twelve-year time bar for claims filed under the Quiet Title Act was merely a procedural, not a jurisdictional, requirement. |
Real Property |
|
S. Sotomayor | Mar. 29, 2023 |
A163003
|
NCR Properties v. City of Berkeley
Only newly-contructed rooms that added to housing stock were exempt from local rent control when the renovated house had been previously used as a residence. |
Real Property |
|
A. Tucher | Mar. 13, 2023 |
C095860
|
River's Side at Washington Squate Homeowners Assn. v. Superior Court (River's Side LLC)
A homeowners association had standing to bring claims for damages to residential units that sounded in contract or fraud if it met the requirements for bringing a representative action pursuant to Code of Civil Procedure Section 382. |
Real Property |
|
L. Earl | Mar. 7, 2023 |
B313060
|
Ventura29 v. City of San Buenaventura
Court's demurrer to plaintiff's inverse condemnation claim against the City of San Buenaventura was affirmed because plaintiff failed to appeal the City's engineering decision to the City's Public Works Director. |
Real Property |
|
K. Yegan | Jan. 30, 2023 |
B314862
|
Tufeld Corp. v. Beverly Hills Gateway, L.P.
Part of a commercial lease exceeding 99 years was void, rather than voidable, even though it was malum prohibitum and not malum in se because it contravened public policy goals. |
Real Property |
|
A. Tamzarian | Dec. 8, 2022 |
B311232
|
Modification: Tariwala v. Mack
The merger of title doctrine did not automatically apply to recorded driveway easement where the result would render the property worthless as the easement was the only access to the road. |
Real Property |
|
S. Perren | Nov. 21, 2022 |
B311232
|
Tariwala v. Mack
The merger of title doctrine did not automatically apply to recorded driveway easement where the result would render the property worthless as the easement was the only access to the road. |
Real Property |
|
S. Perren | Oct. 27, 2022 |