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Name Category Published
Thorstrom v. Thorstrom
Existence of implied easement for use of well does not preclude each party's entitlement to reasonable use consistent with volume of water available. 		Real Property Jun. 29, 2011
Herrera v. Deutsche Bank National Trust Co.
Court errs in granting summary judgment based on taking judicial notice of recorded public documents with contents that remained in dispute. 		Real Property Jun. 28, 2011
Tashakori v. Lakis
Equitable easement is proper where land is accessible only through neighbor’s driveway and relative harm to driveway owner is minor. 		Real Property Jun. 21, 2011
Ferguson v. Avelo Mortgage LLC
Dismissal of quiet title claim is proper where plaintiff fails to plead tender and there is no evidence of procedural error in foreclosure sale. 		Real Property Jun. 20, 2011
Sui v. Price
Homeowner fails to state breach of contract claim, which alleged that homeowners' association's prohibition of inoperable vehicles discriminated against him. 		Real Property Jun. 20, 2011
Cleary v. County of Alameda
County's plan to reduce grants to general assistance recipients based on failure by landlords to provide tax identification numbers is unlawful. 		Real Property Jun. 19, 2011
Haro v. City of Solana Beach
Action challenging City’s housing element is untimely because complaint was filed over year after City’s final action, regardless of which limitations period applies. 		Real Property Jun. 14, 2011
Galardi Group Franchise & Leasing LLC v. City of El Cajon
Agreement between franchisor and franchisee waiving franchisee’s right to goodwill compensation intends to benefit franchisor, not subsequent condemning agency. 		Real Property Jun. 8, 2011
Diamond Heights Village Association Inc. v. Financial Freedom Senior Funding Corp.
Court errs in voiding non-party’s interest in contested property after non-party had obtained previous summary judgment regarding such interest. 		Real Property Jun. 8, 2011
Ferguson v. Avelo Mortgage LLC
Dismissal of quiet title claim is proper where plaintiff fails to plead tender and there is no evidence of procedural error in foreclosure sale. 		Real Property Jun. 2, 2011
Creative Ventures LLC v. Jim Ward & Associates
Investors who never negotiated to become holders of promissory note cannot be ‘holders in due course’ exempt from usury liability. 		Real Property Jun. 1, 2011
Kaufman v. Goldman
New tenancy is not created where landlord refused to cash rent checks and told tenant to vacate property pursuant to previous settlement agreement. 		Real Property May 19, 2011
Munoz v. MacMillan
Tenant is entitled to seek compensation from landlord for losses incurred after enforcement of erroneous initial judgment in unlawful detainer action. 		Real Property May 16, 2011
Haro v. City of Solana Beach
Action challenging City’s housing element is untimely because complaint was filed over year after City’s final action, regardless of which limitations period applies. 		Real Property May 13, 2011
The Grubb Co. Inc. v. Dept. of Real Estate
State Real Estate Commissioner may not discipline real estate licensee based on judgment not procured by clear and convincing evidence. 		Real Property May 5, 2011
State of Montana v. State of Wyoming
Under doctrine of appropriation, senior water users may improve irrigation systems if there is no change in amount of water diverted. 		Real Property May 3, 2011
Vanderpol v. Starr
Row of trees erected to annoy adjoining property owners constitutes 'structure in nature of fence' for purposes of 'spite fence' statute. 		Real Property May 3, 2011
The Main Street Plaza v. Cartwright & Main LLC
Property owner claiming prescriptive easement for driving rights does not have to show payment of taxes assessed on railway easement for railway purposes. 		Real Property Apr. 28, 2011
Barry v. OC Residential Properties LLC
Expenses paid for repair work and interest on foreclosure sale are properly included in redemption price for unit in common interest development. 		Real Property Apr. 26, 2011
Vanderpol v. Starr
Row of trees erected to annoy adjoining property owners constitutes 'structure in nature of fence' for purposes of 'spite fence' statute. 		Real Property Apr. 24, 2011
Vanderpol v. Starr
Row of trees erected to annoy adjoining property owners constitutes 'structure in nature of fence' for purposes of 'spite fence' statute. 		Real Property Apr. 17, 2011
City of Los Angeles v. Superior Court (Plotkin)
Inverse condemnation claim against city fails where property owners were unable to show plan to use land for public purpose. 		Real Property Apr. 12, 2011
Morrison v. Vineyard Creek
Tenant is not entitled to attorney fees following settlement with landlord whereby landlord allowed tenant to operate day care facility in apartment. 		Real Property Mar. 31, 2011
Wollmer v. City of Berkeley (R.B. Tech Center LP)
Approval of mixed-use affordable housing project does not violate state density bonus law where developer does not have to accept rent cap. 		Real Property Mar. 31, 2011
Smith v. Home Loan Funding Inc.
Court properly finds loan officer acted as mortgage broker, not just mortgage lender, after stating to borrower he would ‘shop’ loan around. 		Real Property Mar. 30, 2011
Ferwerda v. Bordon
Attorney fee provision later published by subdivision committee, but not contained under subdivision’s covenants, conditions, and restrictions, is not enforceable against homeowner. 		Real Property Mar. 28, 2011
Quality Loan Service Corp. v. 24702 Pallas Way, Mission Viejo, CA 92691
Federal tax lien filed first in time has priority over individual’s judgment lien for surplus proceeds following nonjudicial foreclosure sale. 		Real Property Mar. 25, 2011
Trinity Park L.P. v. City of Sunnyvale
180-day limitations period for challenges to development exactions does not apply where affordable housing requirement was not intended to defray cost of public facilities. 		Real Property Mar. 25, 2011
Coronado Cays Homeowners Association v. City of Coronado
City is required to maintain berm that laterally supports bulkheads located in planned community according to terms of special use permit. 		Real Property Mar. 17, 2011
Capon v. Monopoly Game LLC
Buyer who purchases property for use as personal residence of another is not exempt ‘equity purchaser’ under Home Equity Sales Contract Act. 		Real Property Mar. 7, 2011
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