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Canyon Vineyard Estates I v. DeJoria
Intent to create a conservation easement was supported by overwhelming extrinsic evidence.
Real Property 2DCA/3 May 20, 2022
People v. Miller
The trial court properly voided a grant deed transferring title since the broker pled no contest to procuring or offering a false or forged instrument under Penal Code Section 115(e).
Real Property 1DCA/3 May 20, 2022
Morris v. JPMorgan Chase Bank
Plaintiff was a "borrower" capable of bringing claims under the Homeowners Bill of Rights since the stay on her bankruptcy filing was lifted prior to the allegedly improper foreclosure proceedings.
Real Property 1DCA/4 May 6, 2022
Romero v. Shih
Exclusive implied easements are to be granted only under very specific situations.
Real Property 2DCA/8 May 6, 2022
Modification: McMillin v. Eare
A deed, having been physically delivered to the grantee by the grantor, took effect at once and was valid without the oral conditions.
Real Property 2DCA/8 Feb. 28, 2022
Bankers Hill 150 v. City of San Diego
A city did not abuse its discretion in approving a development project because the city was obligated to approve the project under the Density Bonus Law.
Real Property 4DCA/1 Feb. 4, 2022
Meyer v. Sheh
In requesting court to order sale of judgment creditor's property to satisfy outstanding judgment, unrecorded property tax liens must be disclosed in a judgment creditor's application to the court.
Real Property 2DCA/2 Feb. 4, 2022
Greif v. Sanin
Buyer of land was entitled to specific performance and duplicative conversion damages because seller unreasonably delayed the release of buyer's escrow deposit funds.
Real Property 4DCA/2 Jan. 28, 2022
San Francisco Apartment Assn. v. City and County of San Francisco
San Francisco rent ordinance that seeks to prevent coerced, bad faith eviction through unreasonably high rent increases is a valid exercise of city's authority to regulate evictions.
Real Property 1DCA/4 Jan. 26, 2022
Protect Our Neighborhoods v. City of Palm Springs
An ordinance permitting vacation rentals in residential zones did not violate a city's zoning code.
Real Property 4DCA/2 Jan. 11, 2022
Johnson v. Little Rock Ranch
Defense of laches and doctrine of "relative hardship" applies where property owners failed to assert their rights in disputed area prior to neighbor's extensive work in improving property.
Real Property 5DCA Jan. 5, 2022
Wall v. California Coastal Commission
Payment of an in-lieu public access fee was required for the approval of a coastal development permit pursuant to the Coastal Act of 1976.
Real Property 2DCA/6 Dec. 20, 2021
Kumar v. Ramsey
Statute of limitations for plaintiffs seeking to quiet title begins when they are aware of a hostile claim that jeopardizes their title or possession of their property.
Real Property 3DCA Nov. 30, 2021
People v. Venice Suites, LLC
The plain language of the Los Angeles Municipal Code supported a building owner's use of a building.
Real Property 2DCA/8 Nov. 17, 2021
McMillin v. Eare
A deed, having been physically delivered to the grantee by the grantor, took effect at once and was valid without the oral conditions.
Real Property 2DCA/8 Oct. 27, 2021
Humphrey v. Bewley
Publication of a property's assessor parcel number without a legal description is insufficient to satisfy service of process in quiet title actions.
Real Property 4DCA/2 Sep. 30, 2021
Kahn v. Price
Tree's obstruction of neighbor's view constituted a continuous nuisance which has no statute of limitations.
Real Property 1DCA/3 Sep. 24, 2021
Wilkins v. U.S.
Because the Quiet Title Act's statute of limitations was jurisdictional, the district court lacked subject-matter jurisdiction and properly dismissed the case.
Real Property 9th Sep. 16, 2021
Brown v. Montage at Mission Hills, Inc.
Civil Code Section 4740 exempts common interest development property owners from rental restrictions not in place at time of property's purchase.
Real Property 4DCA/2 Aug. 25, 2021
Modification: Pear v. City & County of S.F.
Secondary easement is no more than the right to do that which is necessary for the principal easement's enjoyment.
Real Property 6DCA Aug. 4, 2021
Pear v. City & County of S.F.
Secondary easement is no more than the right to do that which is necessary for the principal easement's enjoyment.
Real Property 6DCA Jul. 30, 2021
Bailey v. Citibank, N.A.
In adverse possession cases, true ownership requires holding title not lien.
Real Property 5DCA Jul. 8, 2021
Bank of New York Mellon v. 732 Hardy Way Trust
HOA foreclosure sale occurred in violation of automatic bankruptcy stay and was void; thus, bank should receive quiet title to property.
Real Property 9th Jun. 28, 2021
Estate of Finnigan v. U.S.
Summary judgment to government was proper in action seeking quiet title to real property that had been granted by federal government to Railroad Company, but was abandoned many years ago.
Real Property 9th Jun. 22, 2021
Best v. Ocwen Loan Servicing, LLC
Defendants' actions in connection with foreclosing on plaintiff's deed of trust was actionable under Rosenthal Act because non-judicial foreclosure is debt collection by debt collector which triggers Rosenthal Act.
Real Property 4DCA/2 May 25, 2021
Smart Corner Owners Assn. v. CJUF Smart Corner LLC
Requiring condominium association to obtain consent of majority of owners before filing construction defect claim violates state public policy supporting quality residential construction.
Real Property 4DCA/1 May 24, 2021
Nationstar Mortgage v. Saticoy Bay
Authority delegated to federal loan service provider in protecting previous homeowner's mortgage loan was sufficient in invoking Federal Foreclosure Bar.
Real Property 9th May 6, 2021
Tsasu LLC v. U.S. Bank Trust, N.A.
Quiet Title Act insulates third party from subsequent invalidation of earlier quiet title judgment only if third party has no actual or constructive knowledge of any defects or irregularities in that judgment.
Real Property 2DCA/2 Apr. 5, 2021
Felkay v. City of Santa Barbara
Inverse condemnation judgment affirmed because case was ripe after the initial denial of plaintiff's proposal.
Real Property 2DCA/6 Mar. 22, 2021
Boshernitsan v. Bach
Natural persons who are acting as trustees of revocable living trust and are also trust's settlors and beneficiaries qualify as 'landlord' under family move-in provision of city's rent control ordinance.
Real Property 1DCA/1 Mar. 15, 2021