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Name Category Published
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
612 South LLC v. Laconic Limited Partnership
Purchaser has constructive notice of property bond where notice of assessment is recorded in county recorder’s office and contained in title report. 		Real Property May 26, 2010
Citizens for Responsible Equitable Environmental Development v. City of San Diego (Westfield LLC)
City has discretion to vacate rights-of-way or easements under Subdivision Map Act or Public Streets, Highways, and Service Easements Vacation Law. 		Real Property May 20, 2010
Tarlesson v. Broadway Foreclosure Investments LLC
Resident qualifies for homestead exemption to satisfy judgment debt because home was principal residence prior to attachment of judgment lien. 		Real Property May 17, 2010
MKB Management Inc. v. Melikian
Property management contract may be severable to allow plaintiff to recover for lawful services provided, which do not require license. 		Real Property May 16, 2010
Adam Bros. Farming Inc. v. County of Santa Barbara
Landowners' federal claim alleging that county had taken land without just compensation via false wetland delineation is barred by res judicata. 		Real Property May 16, 2010
Ridgewater Associates LLC v. Dublin San Ramon Services District
Party who knowingly purchased property that was subject to periodic water intrusion cannot recover for inverse condemnation. 		Real Property May 12, 2010
USA Waste of California Inc. v. City of Irwindale
Anti-SLAPP statute does not apply to cross-complaint challenging land use guidelines issued by city. 		Real Property Apr. 28, 2010
Plaza Home Mortgage Inc. v. North American Title Co. Inc.
Settling agent’s duties under closing instruction contract do not end at close of escrow, but rather when loans are closed. 		Real Property Apr. 28, 2010
City of Cerritos v. Cerritos Taxpayers Association
Privately owned project in which 16 percent of apartments are designated as low-income households need not be submitted to vote of electorate. 		Real Property Apr. 22, 2010
Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA
Bona fide error defense does not apply to violations resulting from debt collector’s mistaken interpretation of Fair Debt Collection Practices Act. 		Real Property Apr. 22, 2010
Garcia v. World Savings FSB
Homeowners present sufficient evidence of lender’s promise to delay foreclosure and their detrimental reliance on the promise to support promissory estoppel claim. 		Real Property Apr. 13, 2010
Sabi v. Sterling
Assistance payments pursuant to Section 8 of United States Housing Act are not ‘sources of income’ for eligible tenant. 		Real Property Apr. 12, 2010
Alatriste v. Cesar's Exterior Designs Inc.
Hiring party's knowledge of landscaper’s unlicensed contractor status does not bar reimbursement claim. 		Real Property Apr. 8, 2010
United States v. Orr Water Ditch Co. (Grand Slam Enterprises LLC)
District court has subject matter jurisdiction over appeals from state engineer decisions based on federal water rights decree. 		Real Property Apr. 8, 2010
LEG Investments v. Boxler
Right of first refusal in tenancy in common agreement does not constitute absolute waiver of right to partition. 		Real Property Apr. 2, 2010
Grotenhuis v. County of Santa Barbara
Resident is not entitled to property tax exemption or transfer of tax basis because owner of record was resident’s corporation. 		Real Property Mar. 15, 2010
Clear Lake Riviera Community Association v. Cramer
Circumstantial evidence that its use restrictions were properly adopted is enough for common interest association to enforce such restrictions. 		Real Property Feb. 28, 2010
Forsgren Associates Inc. v. Pacific Golf Community Development LLC
Mechanic’s lien does not attach to entire adjacent property where only limited portion of that property obtained benefits of improvement. 		Real Property Feb. 24, 2010
Kuish v. Smith
Nonrefundable deposit clause is unenforceable where retention of escrow deposit is not measured against actual damage in rising market. 		Real Property Feb. 12, 2010
Chacon v. Litke
Tenants do not forfeit right to reoccupy by holding over in violation of landlord's 60-day notice to temporarily terminate tenancy to make repairs. 		Real Property Feb. 10, 2010
Woodland Park Management LLC v. City of East Palo Alto Rent Stabilization Board
Rent Stabilization and Eviction for Good Cause Ordinance authorizes recovery of attorney fees only in proceedings between landlords and tenants. 		Real Property Feb. 3, 2010
Kendall v. Walker
In determining proper dividing line between adjoining littoral landowners, boundary is fixed by line drawn into water perpendicular to shore line. 		Real Property Jan. 29, 2010
UDC-Universal Development L.P. v. CH2M Hill
Consultant's duty to defend developer against homeowners association’s negligence action arises despite lack of underlying claim of negligence against consultant. 		Real Property Jan. 19, 2010
PR/JSM Rivara LLC v. Community Redevelopment Agency of the City of Los Angeles
Redevelopment agency is not required to provide notice and conduct public hearings when performing non-legislative function of implementing plan with design guidelines. 		Real Property Jan. 14, 2010
Junkin v. Golden West Foreclosure Service Inc.
Statutory maximum limitation set forth by usury law is not applicable to parties engaged in joint ventures. 		Real Property Jan. 7, 2010
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