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Sarale v. Pacific Gas & Electric Co.
Court lacks jurisdiction to adjudicate claim that public utility engaged in excessive tree trimming where vegetation management practices fell within PUC’s jurisdiction.
Real Property Oct. 17, 2010
Holmes v. Summer
Broker has duty to disclose substantial risk that seller could not transfer title free and clear of monetary liens and encumbrances.
Real Property Oct. 7, 2010
Carter v. Cohen
Relief for excess rent payments in violation of Los Angeles Rent Stabilization Ordinance is valid, despite illegality of underlying lease agreement.
Real Property Sep. 28, 2010
Malkoskie v. Option One Mortgage Corp.
Plaintiffs may not bring quiet title action against prevailing party in previous unlawful detainer action based on same claims.
Real Property Sep. 24, 2010
County of Los Angeles v. Sahag-Mesrob Armenian Christian School
Religious school operating without a permit in property zoned for single-family residence cannot claim injunction substantially burdens exercise of religion.
Real Property Sep. 23, 2010
Pacific Palisades Bowl Mobile Estates LLC v. City of Los Angeles
City may require compliance with Mello Act and Coastal Act when conversion to resident ownership is sought for mobilehome park in coastal zone.
Real Property Sep. 1, 2010
Colony Cove Properties LLC v. City of Carson
City may not impose additional conditions not authorized by statute governing mobilehome park conversions.
Real Property Sep. 1, 2010
Purdum v. Holmes
Plaintiff’s complaint against notary is barred by six-year statute of limitations set forth in Code of Civil Procedure Section 338.
Real Property Aug. 23, 2010
Farr v. County of Nevada
Assessment Appeals Board’s failure to apply burden of proof presumption in favor of homeowner requires reversal of judgment.
Real Property Aug. 18, 2010
Soifer v. Chicago Title Co.
Plaintiff cannot recover for title company's incorrect statements regarding condition of title absent policy of title insurance or purchase of abstract of title.
Real Property Aug. 17, 2010
Perlas v. GMAC Mortgage LLC
In fraudulent misrepresentation claim, borrowers cannot rely on lender’s purported false determination they qualified for loan as determination they could afford loan.
Real Property Aug. 12, 2010
Soifer v. Chicago Title Co.
Plaintiff cannot recover for title company's incorrect statements regarding condition of title absent policy of title insurance or purchase of abstract of title.
Real Property Aug. 11, 2010
Los Angeles Unified School District v. Casasola
Mitigation expenses that are considered ‘moving’ expenses are not compensable in eminent domain action.
Real Property Aug. 6, 2010
Pinnacle Museum Tower Association v. Pinnacle Market Development (US) LLC
Homeowners' association is not bound by arbitration provision in declaration of covenants, conditions, and restrictions recorded by developer of condominium project.
Real Property Aug. 2, 2010
Bookout v. State of California ex rel. Dept. of Transportation
Suit against public entities that allegedly damaged private property is barred by three-year statute of limitations.
Real Property Jul. 29, 2010
Geo-Energy Partners-1983 Ltd. v. Salazar
1988 Amendments to Geothermal Steam Act do no apply to pre-amendment lease agreement provisions allowing automatic contraction.
Real Property Jul. 28, 2010
People ex rel. City of Santa Monica v. Gabriel
Award of attorney fees against landlord is improper where plaintiff's unfair competition law action was predicated on violations of city's municipal code.
Real Property Jul. 15, 2010
Bank of America v. Stonehaven Manor LLC
Co-guarantor’s property is subject to attachment for debtor’s debt where guarantor contractually waived right to rely on other guarantors’ collateral.
Real Property Jul. 13, 2010
Jackson v. County of Amador
County recorder is required to record documents because they were notarized, despite being fraudulent.
Real Property Jul. 8, 2010
Torrey Hills Community Coalition v. City of San Diego (Westbrook Torrey Hills L.P.)
Statute of limitations under Subdivision Map Act is not tolled where plaintiff fails to make effort to serve summons before deadline.
Real Property Jul. 6, 2010
Edwards v. The First American Corporation
Plaintiff only needs to show charges, not overcharges, for settlement services to establish injury under Real Estate Settlement Procedures Act.
Real Property Jun. 22, 2010
Stop the Beach Renourishment Inc. v. Florida Dept. of Environmental Protection
Florida beachfront property owners cannot claim government taking of state restored shoreline because their rights were subordinate to state’s right to restore.
Real Property Jun. 18, 2010
GreenLake Capital LLC v. Bingo Investments LLC
Disputed issue of fact exists as to whether company engages in real estate broker business by raising financing for another company.
Real Property Jun. 15, 2010
Embassy LLC v. City of Santa Monica
Settlement agreement between city and landlord is public entity contract wherein waiver of Ellis Act rights is invalid.
Real Property Jun. 15, 2010
City of San Jose v. Union Pacific Railroad Co.
Court compensation in action where city seeks to condemn roadway easements over railroads correctly adheres to case law.
Real Property Jun. 14, 2010
Luna v. Brownell
Quitclaim deed transferring property to trustee in anticipation of trust’s creation is valid although trust did not exist when deed was executed.
Real Property Jun. 14, 2010
Mabry v. Superior Court (Aurora Loan Services)
Private right of action exists to enforce statute requiring lender to contact borrower to assess financial situation and explore options to avoid foreclosure.
Real Property Jun. 4, 2010
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 Jun. 1, 2010
Beutz v. County of Riverside
County fails to meet constitutional burden of demonstrating assessment was proportional to value of special benefits project would confer on assessed properties.
Real Property May 28, 2010
Glendale Redevelopment Agency v. County of Los Angeles
Redevelopment agencies are not prohibited from correcting errors in statements of indebtedness by filing revised documents with county.
Real Property May 27, 2010