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Stebley v. Litton Loan Servicing
Plaintiffs’ claim that defendants failed to fully explore alternatives to foreclosure fails because statute does not provide for relief following foreclosure sale. 		Real Property Jan. 3, 2012
Lona v. Citibank N.A.
Loan agreement provided by bank may be unconscionable where homeowner presented sufficient evidence that bank failed to consider income and credit. 		Real Property Dec. 22, 2011
Frittelli Inc. v. 350 North Canon Drive LP
Commercial lease tenants may agree to limit scope of covenant-based claims and ordinary negligence claim where public interest is not implicated. 		Real Property Dec. 21, 2011
Harbour Vista LLC v. HSBC Mortgage Services Inc.
Court errs in entering default judgment and failing to hold evidentiary hearing in open court in quiet title action. 		Real Property Dec. 20, 2011
Park v. First American Title Co.
Junior lienholder must show prospective buyer was ready to purchase property but for interference by senior lienholder to show damages in foreclosure sale. 		Real Property Dec. 19, 2011
Aiuto v. City and County of San Francisco
Plaintiffs’ challenge to city ordinance enacted pursuant to Subdivision Map Act, which was filed five months after enactment, is subject to 90-day limitations period. 		Real Property Dec. 16, 2011
Baeza v. Superior Court (Castle & Cooke California Inc.)
Builder who opts out of statutory nonadversarial prelitigation procedures in lieu of own contractual prelitigation procedures is not subject to disclosure requirements under statute. 		Real Property Dec. 15, 2011
Avenida San Juan Partnership v. City of San Clemente
City's refusal to lift land use restrictions on parcel surrounded by land, on which greater number of dwellings are allowed per acre, constitutes taking. 		Real Property Dec. 15, 2011
Joffe v. City of Huntington Park
City is not liable for inverse condemnation where conduct constituted general planning and did not result in direct interference with property at issue. 		Real Property Dec. 6, 2011
Nungaray v. Litton Loan Servicing LP
Homeowner’s failure to meet obligation as precondition to receiving loan modification does not obligate bank to provide loan modification. 		Real Property Dec. 2, 2011
Lang v. Roche
Equitable redemption of property purchased by judgment creditor at invalid sale is not affected by Enforcement of Judgments Law’s absolute characterization of such sales. 		Real Property Nov. 30, 2011
Nungaray v. Litton Loan Servicing LP
Homeowner’s failure to meet obligation as precondition to receiving loan modification does not obligate bank to provide loan modification. 		Real Property Nov. 23, 2011
Lewis Operating Corp. v. Superior Court (Costahaude)
Agreement to waive liability for landlord's negligence is enforceable where waiver related to landlord’s operation of tenant-only health club. 		Real Property Nov. 11, 2011
Promenade at Playa Vista Homeowners Association v. Western Pacific Housing Inc.
Developer, which no longer had any ownership interest in complex, lacks standing to enforce arbitration provision in covenants, conditions, and restrictions. 		Real Property Nov. 9, 2011
Alpha and Omega Development LP v. Whillock Contracting Inc.
Anti-SLAPP motion is properly granted where plaintiff’s complaint is based on lis pendens filed in previous action and subject to litigation privilege. 		Real Property Nov. 3, 2011
Teroso Del Valle Master Homeowners Association v. Griffin
Jury properly finds homeowners association’s restrictions on installation of solar energy systems are reasonable under California Solar Rights Act. 		Real Property Nov. 2, 2011
Biancalana v. T.D. Service Co.
Mistake made by trustee, acting as beneficiary’s agent in foreclosure sale, is not procedural irregularity making sale voidable. 		Real Property Nov. 1, 2011
Rental Housing Owners Association of Southern Alameda County Inc. v. City of Hayward
City's amended ordinance does not violate Fourth Amendment by requiring landlords to make good faith efforts to obtain tenant consent to inspections by city officials. 		Real Property Oct. 27, 2011
First Bank v. East West Bank
Lenders holding deeds of trust secured by same property and recorded concurrently pursuant to standard practice have equal priority, and neither are subsequent purchasers 		Real Property Oct. 17, 2011
Sukut Construction Inc. v. Rimrock CA LLC
Party is not entitled to enforce mining lien against operator of quarry because work in quarry involved crushing rocks for construction of roads. 		Real Property Oct. 2, 2011
Hacienda Ranch Homes Inc. v. Superior Court (Elissagaray)
Cotenants fail to establish ouster, as required for adverse possession claim against other cotenant, because they never performed acts of adverse character. 		Real Property Sep. 28, 2011
Maya v. Centex Corp.
Homeowners have standing to sue housing developers for injuries allegedly caused by marketing neighboring homes to individuals with high risk of foreclosure. 		Real Property Sep. 21, 2011
Calvo v. HSBC Bank USA N.A.
Requirement that assignment of beneficial interest in debt secured by real property must be recorded for assignee to exercise power of sale does not apply to deed of trust. 		Real Property Sep. 14, 2011
Robinson v. Countrywide Home Loans Inc.
No cause of action exists for preemptive suit challenging entity's standing to initiate foreclosure. 		Real Property Sep. 13, 2011
Hacienda Ranch Homes Inc. v. Superior Court (Elissagaray)
Cotenants fail to establish ouster, as required for adverse possession claim against other cotenant, because they never performed acts of adverse character. 		Real Property Aug. 31, 2011
Gutierrez v. County of San Bernardino
County is not strictly liable for installing flood control improvements where it was attempting to protect private property owners from risk created by nature. 		Real Property Aug. 25, 2011
Gramercy Investment Trust v. Lakemont Homes Nevada Inc.
Choice of law provision in guaranty contract does not compel application of New York anti-deficiency laws to foreclosure proceeding involving California property. 		Real Property Aug. 25, 2011
Thomson v. Canyon
Parole evidence rule does not preclude evidence of oral reconveyance agreement, which seller offered to establish real estate agent's breach of fiduciary duty. 		Real Property Aug. 18, 2011
Fontenot v. Wells Fargo Bank N.A.
Nominee has authority to assign promissory note secured by deed of trust in property where nominee acted for lender with assignable interest. 		Real Property Aug. 15, 2011
Arcadia Development Co. v. City of Morgan Hill
City ordinance restricting development on one undeveloped parcel in agricultural area for 10 years does not violate equal protection. 		Real Property Aug. 8, 2011
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