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Name Category Published
Banc of America Leasing & Capital LLC v. 3 Arch Trustee Services Inc.
Trustee in nonjudicial foreclosure sale does not have duty to search for, verify, prioritize, and distribute surplus funds to junior lien holder. 		Real Property Jan. 6, 2010
Opinion of Brown
Dept. of Transportation may sell property purchased by gas tax revenue for below market value in accordance with State Constitution. 		Real Property Jan. 5, 2010
Reddell v. California Coastal Commission
California Coastal Commission properly denies project development based on local coastal plan and zoning designation where residential use outweighed commercial use. 		Real Property Dec. 30, 2009
Washington Mutual Bank v. Jacoby
Buyer is not entitled to excess funds from sheriff's sale and insurance policy in satisfaction of promissory note secured by deed of trust. 		Real Property Dec. 24, 2009
Park 100 Investment Group II v. Ryan
Lis pendens is allowable on dominant tenement as matter of law when litigation includes easement dispute. 		Real Property Dec. 24, 2009
Turner v. Vista Pointe Ridge Homeowners Association
Homeowners Association’s actions related to conditions, covenants, and restrictions review and enforcement is not in furtherance of free speech right. 		Real Property Dec. 23, 2009
Millennium Rock Mortgage Inc. v. T.D. Service Co.
Trustee may rescind sale of property where auctioneer mistakenly opened bidding with credit bid from different foreclosure. 		Real Property Dec. 23, 2009
Millennium Rock Mortgage Inc. v. T.D. Service Co.
Trustee may rescind sale of property where auctioneer mistakenly opened bidding with credit bid from different foreclosure. 		Real Property Dec. 21, 2009
Donley v. Davi
Unrestricted real estate license is properly denied on grounds of moral turpitude where applicant domestically abused girlfriend. 		Real Property Dec. 21, 2009
McCoy v. Gustafson
Statute of limitations bars trespass and nuisance claims where jury found that it was unknown whether property contamination could have been abated. 		Real Property Dec. 16, 2009
Kearney v. Foley & Lardner LLP
'Sham' exception to the <EM>Noerr-Pennington</EM> doctrine applies if intentional misrepresentations to court were made. 		Real Property Dec. 10, 2009
Schoenberg v. County of Los Angeles Assessment Appeals Board
Appeals Board’s valuation of property is correct when owner’s original appeal disproves subsequent claim, and because mandate remedy is unavailable to him. 		Real Property Dec. 6, 2009
Wollmer v. City of Berkeley (1950 MLK LLC)
Under Density Bonus Law, project's base number is calculated exclusive of units authorized by mandatory or discretionary density bonuses. 		Real Property Nov. 26, 2009
Millennium Rock Mortgage Inc. v. T.D. Service Co.
Trustee may rescind sale of property where auctioneer mistakenly opened bidding with credit bid from different foreclosure. 		Real Property Nov. 24, 2009
Fidelity National Title Insurance Co. v. Schroeder
Lien attaches to debtor's equitable interest in resulting trust where debtor is intended beneficiary of transfer meant to avoid creditor's judgment lien. 		Real Property Nov. 24, 2009
Hoffman v. Smithwoods RV Park LLC
Mobilehome park owner does not violate Mobilehome Residency Law by refusing to permit installation of mobilehome and imposing new rules on heir. 		Real Property Nov. 22, 2009
Wells Fargo Bank v. Neilsen
'Partial subordination' principle applies where inconsistency regarding priority of liens is created by successive deeds of trust and intervening subordination agreement. 		Real Property Nov. 10, 2009
Schmidli v. Pearce
Notice of default is not part of record for purposes of expiration of lien of deed of trust under statute of limitations. 		Real Property Nov. 5, 2009
Simandle v. Vista de Santa Barbara Associates LP
Owners of inherited mobilehome that complied with statutory regulations may nonetheless lose right to sell by violating mobilehome park regulations. 		Real Property Nov. 4, 2009
Robinson v. United States of America
Quiet Title Act does not apply to tort suit related to easement if it does not dispute terms of easement. 		Real Property Nov. 2, 2009
People ex rel. Dept. of Transportation v. Acosta
Petroleum Marketing Practices Act does not preempt state law requiring condemner to pay franchisee for lost goodwill. 		Real Property Oct. 26, 2009
Wells Fargo Bank v. Neilsen
'Partial subordination' principle applies where inconsistency regarding priority of liens is created by successive deeds of trust and intervening subordination agreement. 		Real Property Oct. 22, 2009
White v. Cridlebaugh
Consumer is entitled to disgorge unlicensed contractor of payments where contractor was precluded from judicial enforcement of contract. 		Real Property Oct. 21, 2009
Ricketts v. McCormack
Requirement that county recorder 'record' reconveyance of title within two days of receipt does not apply to indexing. 		Real Property Oct. 20, 2009
Nielsen v. Gibson
Couple who openly and notoriously changed and resided on property gives reasonable notice to record owner for purposes of adverse possession. 		Real Property Oct. 14, 2009
Schmidli v. Pearce
Notice of default is not part of record for purposes of expiration of lien of deed of trust under statute of limitations. 		Real Property Oct. 14, 2009
United States v. Nicholson
Upland homeowner must obtain renewed consent to keep ‘shore defense structures’ that encroached on tidelands due to ambulatory shoreline. 		Real Property Oct. 12, 2009
Barrientos v. 1801-1825 Morton LLC
Federal law does not preempt local rent ordinance’s prohibition against eviction of federally subsidized tenants for purpose of raising rent. 		Real Property Oct. 12, 2009
RC Royal Development and Realty Corp. v. Standard Pacific Corp.
Buyer's entry into purchase agreement vests him with equitable title and beneficial interest, which triggers obligation to pay broker's commission. 		Real Property Sep. 30, 2009
Guggenheim v. City of Goleta
Rent control ordinance that limited increases in mobile home rents, while property values skyrocketed, constitutes regulatory taking. 		Real Property Sep. 29, 2009
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