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Peak-Las Positas Partners v. Bollag
Refusal to extend escrow pending city approval of lot line adjustment deemed unreasonable.
Real Property Mar. 27, 2009
McAvoy v. Hilbert
Open listing agreement deemed 'real property sales transaction' subject to disclosure requirements of Code of Civil Procedure Section 1298.
Real Property Mar. 26, 2009
Hauselt v. County of Butte
Trial court correctly found against inverse condemnation stemming from use of natural watercourse by applying rule of reasonable conduct.
Real Property Mar. 25, 2009
Building Industry Association of Central California v. City of Patterson
City's increase of affordable housing in-lieu fee is not 'reasonably justified' as required by the development agreement.
Real Property Mar. 24, 2009
Alfaro v. Community Housing Improvement System & Planning Association
Plaintiffs in fraud case may be entitled to damages where labor was potentially performed due to defendant's failure to disclose deed restriction.
Real Property Mar. 20, 2009
Peak-Las Positas Partners v. Bollag
Refusal to extend escrow pending city approval of lot line adjustment deemed unreasonable.
Real Property Mar. 18, 2009
Building Industry Association of Central California v. City of Patterson
City's increase of affordable housing in-lieu fee is not 'reasonably justified' as required by the development agreement.
Real Property Mar. 5, 2009
Building Industry Association of Central California v. City of Patterson
City's increase of affordable housing in-lieu fee is not 'reasonably justified' as required by the development agreement.
Real Property Mar. 4, 2009
Rental Housing Associations of Northern Alameda County v. City of Oakland
Municipality ordinance requiring landlords to plead and prove tenant eviction and providing civil remedy to tenant for wrongful eviction enforceable.
Real Property Mar. 2, 2009
Episcopal Church Cases
Local parish that disaffiliates from Episcopal Church over doctrinal dispute does not have right to take church property with it.
Real Property Feb. 27, 2009
Muzzi v. Bel Air Mart
Grocery store is in violation of lease by permanently storing racks and carts in parking spaces to exclusion of others.
Real Property Feb. 25, 2009
Gundogdu v. King Mai Inc.
Statute of limitations bars claims by purchasers, which were based on liability for defects in home that occurred more than 10 years ago.
Real Property Feb. 23, 2009
Alfaro v. Community Housing Improvement System & Planning Association
Plaintiffs in fraud case may be entitled to damages where labor was potentially performed due to defendant's failure to disclose deed restriction.
Real Property Feb. 20, 2009
Calemine v. Samuelson
Seller has duty to disclose existence of previous lawsuits alleging defects in condominium.
Real Property Feb. 19, 2009
City of Stockton v. Marina Towers
Condemnation process is flawed by resolution of necessity's vague project description that fails to specify 'public use' for city's acquisition of property.
Real Property Feb. 17, 2009
Pine Terrace Apartments v. Windscape
Exemption from 10-year statute of limitations on construction defect actions based on willful misconduct applies to cross-complaints for indemnity.
Real Property Feb. 10, 2009
Sixells v. Cannery Business Park
Contract that allows purchaser of property to 'waive' recording of final map is void for violating Subdivision Map Act.
Real Property Jan. 26, 2009
Pro Value Properties Inc. v. Quality Loan Service Corp.
Trial court errs by applying 10 percent interest rate where trustee's obligation to purchaser was statutory in nature.
Real Property Jan. 25, 2009
Shaw v. County of Santa Cruz
Court finds no compensable regulatory taking where county initially denied property owners' application to connect power to land.
Real Property Jan. 20, 2009
San Diego Unified School District v. County of San Diego
10-year limitations period is not triggered where cause of action does not involve latent deficiency.
Real Property Jan. 20, 2009
Espinoza v. Calva
Lease constitutes illegal contract absent certificate of occupancy for property.
Real Property Jan. 14, 2009
Pine Terrace Apartments v. Windscape
Exemption from 10-year statute of limitations on construction defect actions based on willful misconduct applies to cross-complaints for indemnity.
Real Property Jan. 13, 2009
Espinoza v. Calva
Judgment in favor of landlord for past due rent is reversed where building is deemed untenantable.
Real Property Jan. 8, 2009
Opinion of Brown
School district may lease portion of county park for recreational use to stage baseball games for children during non-school hours.
Real Property Jan. 8, 2009
Episcopal Church Cases
Local parish that disaffiliates from Episcopal Church over doctrinal dispute does not have right to take church property with it.
Real Property Jan. 6, 2009
Alberstone v. California Coastal Commission (Stibel)
California Coastal Commission's refusal to hear appeal that does not raise substantial issue is proper.
Real Property Dec. 31, 2008
City and County of San Francisco v. Coyne
Owners with no ongoing business on undeveloped property cannot recover damages for lost business goodwill.
Real Property Dec. 30, 2008
McGuire v. United States
Sovereign immunity waiver provided by Tucker Act requires transfer of takings claim to Court of Federal Claims.
Real Property Dec. 26, 2008
Patel v. Liebermensch
Appellate court errs by failing to enforce straightforward option contract.
Real Property Dec. 23, 2008
Transwestern Pipeline Co. v. 17.19 Acres of Property Located in Maricopa County
Private party holding FERC certificate is not entitled to immediate possession of land until order of condemnation issues.
Real Property Dec. 12, 2008