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Name Category Published
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
Bollay v. California Office of Administrative Law (California State Lands Commission)
Commission’s policy regulating mean high tide line does not simply reiterate law, and therefore is subject to procedural requirements under Administrative Procedure Act. 		Real Property Mar. 2, 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 Feb. 25, 2011
Avalon Pacific-Santa Ana L.P. v. HD Supply Repair & Remodel LLC
Cost of repair award is improper when lease has neither expired nor been terminated and while lessor continues to receive monthly rent. 		Real Property Feb. 23, 2011
Gomes v. Countrywide Home Loans Inc.
Nonjudicial foreclosure statute does not give debtor right to bring court action to determine if lender’s nominee has authority to initiate such proceedings. 		Real Property Feb. 22, 2011
Dept. of Fair Employment and Housing v. Mayr
Award of attorney fees and costs against DFEH is prohibited in housing discrimination action after jury found in favor of defendants. 		Real Property Feb. 10, 2011
Cobb v. City of Stockton
Claim for inverse condemnation does not accrue until city's occupation of property became wrongful when eminent domain proceeding was dismissed. 		Real Property Jan. 27, 2011
Citizens Planning Association v. City of Santa Barbara (Peak-Las Positas Partners)
Construction of bridge across city-owned parkland to provide beach access to private development does not constitute public park purpose and is subject to voter-approval. 		Real Property Jan. 26, 2011
Monterey/Santa Cruz County Building and Construction Trades Council v. Cypress Marina Heights LP
Deed containing covenant to pay at prevailing rate and deemed to run with land in perpetuity binds land developer who later acquired land. 		Real Property Jan. 25, 2011
Villa Vicenza Homeowners Association v. Nobel Court Development LLC
Arbitration provision contained in developer’s recorded declaration of covenants, conditions, and restrictions is not binding contract term. 		Real Property Jan. 11, 2011
ZC Real Estate Tax Solutions v. Ford
Delinquency payment for failure to timely pay real estate taxes may not be canceled based on failure to send payment to correct address. 		Real Property Dec. 29, 2010
Shuman v. Ignatin
Challenges to recorded amendments to general plan’s recorded restrictions must be brought within four years of recording. 		Real Property Dec. 26, 2010
Transwestern Pipeline Co. LLC v. Agua Fria Investments LLC
Right to costs and fees is not triggered when private entity abandons condemnation proceeding, even if entity is exercising federally granted condemnation power. 		Real Property Dec. 8, 2010
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