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Sequoia Park Associates v. County of Sonoma
State law governing conversion of mobilehome parks from rental to resident ownership basis preempts local ordinance imposing additional conversion application requirements.
Real Property Aug. 25, 2009
Owen v. Sands
'Preponderance of evidence' is standard of proof in administrative hearing ordering contractor to pay civil penalties and compensation to homeowner.
Real Property Aug. 20, 2009
Standard Pacific Corp. v. Superior Court (Garlow)
Homeowners bear burden of proving that builder's noncompliance with disclosure requirements releases them from obligation to follow prelitigation procedures.
Real Property Aug. 18, 2009
Lin v. The City of Pleasanton (Ayala)
Inclusion of ordinance's 'text' in referendum petition defined as actual text and exhibits attached to or incorporated by reference into ordinance.
Real Property Aug. 13, 2009
1538 Cahuenga Partners, LLC v. Turmeko Properties, Inc.
Counsel effectively consents to settlement on client's behalf where client had previously agreed to terms before court.
Real Property Aug. 5, 2009
Citizens for Planning Responsibly v. County of San Luis Obispo (San Luis Obispo Marketplace Associates)
State Aeronautics Act does not preempt county's ability to exercise initiative power to amend airport land use plan.
Real Property Aug. 5, 2009
Lee v. Lee
Quitclaim deed properly transfers title where deed was executed and delivered prior to third-party alteration.
Real Property Jul. 31, 2009
Blough v. Holland Realty Inc.
Fee tying arrangement is legal where buyers had no desire to purchase referral services for sale of undeveloped lots.
Real Property Jul. 28, 2009
Palmer/Sixth Street Properties L.P. v. City of Los Angeles
Local legislation imposing mandatory rent restriction is preempted by state law affording landlords right to choose rent amount.
Real Property Jul. 23, 2009
Costa Serena Owners Coalition v. Costa Serena Architectural Committee
Community's challenge to 'Declaration of Restrictions' amendment procedure fails to comply with statute of limitations.
Real Property Jul. 21, 2009
Hoffman v. Lloyd
Homeowner in foreclosure may rescind contract despite general release of claims where express notice of rights were not provided.
Real Property Jul. 21, 2009
Lin v. The City of Pleasanton (Ayala)
Inclusion of ordinance's 'text' in referendum petition defined as actual text and exhibits attached to or incorporated by reference into ordinance.
Real Property Jul. 20, 2009
Huber v. Jackson
Summary judgment proper where dissident parish members' attempt to seize church property through amendment of bylaws was ultra vires.
Real Property Jul. 3, 2009
Linthicum v. Butterfield
Equitable easement found where roadway over plaintiff's parcel was only means of access to defendants' properties.
Real Property Jun. 26, 2009
Los Angeles Unified School District v. Pulgarin
Written lease not required to compensate tenant with business on property taken by eminent domain for loss of goodwill.
Real Property Jun. 25, 2009
Schroeder v. U.S.
Equitable relief unavailable to government housing loan borrower whose prepayment claim was rejected where suit for damages adequate remedy.
Real Property Jun. 23, 2009
Bisno v. Douglas Emmett Realty Fund 1988
Litigation privilege bars renter's action against landlord for violating rent control ordinances where communications were sufficiently related to unlawful detainer action.
Real Property Jun. 22, 2009
United Rentals Northwest Inc. v. Snider Lumber Products Inc.
Lease of equipment to remove kilns from property gives rise to mechanic’s lien in favor of lessor.
Real Property Jun. 19, 2009
Bonander v. Town of Tiburon
General validation procedure not applicable where property owners are contesting individual assessments levied under Municipal Improvement Act of 1913.
Real Property Jun. 9, 2009
The California-Nevada Annual Conference of the United Methodist Church v. City and County of San Francisco
Church's noncommercial property is exempt from local landmarking regulation even though church was not being used for religious purposes.
Real Property May 21, 2009
Farr v. California Coastal Commission (Doyle)
Coastal Commission properly affirmed permit to add second story to beachfront residence.
Real Property May 19, 2009
Ste. Marie v. Riverside County Regional Park and Open-Space District (Mt. San Jacinto Community College District)
District is not subject to sale limitations where board did not make affirmative act to dedicate land as regional park.
Real Property May 14, 2009
Martin v. Bridgeport Community Association Inc.
Future residents do not have standing to sue homeowners' association where property owners assigned interest in causes of action.
Real Property May 7, 2009
Garcia v. Roberts
Abuse of discretion found where court grants amendment to complaint that materially reverses plaintiff's position.
Real Property May 5, 2009
Murphy v. Burch
Landlocked property is not entitled to easement by necessity where federal government did not reserve right of access over adjacent property.
Real Property Apr. 27, 2009
Abernathy Valley Inc. v. County of Solano
Grandfather provision in Subdivision Map Act does not protect parcel depicted on map recorded in 1909.
Real Property Apr. 20, 2009
Apartment Association of Los Angeles County Inc. v. City of Los Angeles
Costa-Hawkins Act did not impliedly repeal rent control ordinance enacted pursuant to Section 7060.2(d) of Ellis Act.
Real Property Apr. 19, 2009
Venturi & Co. LLC v. Pacific Malibu Development Corp.
Unlicensed broker is entitled to compensation for non-broker services where client independently found financial source.
Real Property Apr. 14, 2009
Linthicum v. Butterfield
Equitable easement is found where roadway over plaintiff's parcel was only means of access to defendants' properties.
Real Property Apr. 9, 2009
Linthicum v. Butterfield
Equitable easement is found where roadway over plaintiff's parcel was only means of access to defendants' properties.
Real Property Apr. 6, 2009