Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
F078173
|
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 |
|
M. Smith | Jan. 5, 2022 |
B312912
|
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 |
|
M. Tangeman | Dec. 20, 2021 |
C092610
|
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 |
|
P. Krause | Nov. 30, 2021 |
B300960
|
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 |
|
S. Ohta | Nov. 17, 2021 |
B298990
|
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 |
|
M. Stratton | Oct. 27, 2021 |
E074339
|
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 |
|
M. Ramirez | Sep. 30, 2021 |
A159536
|
Kahn v. Price
Tree's obstruction of neighbor's view constituted a continuous nuisance which has no statute of limitations. |
Real Property |
|
I. Petrou | Sep. 24, 2021 |
20-35745
|
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 |
|
L. VanDyke | Sep. 16, 2021 |
E074341
|
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 |
|
M. Raphael | Aug. 25, 2021 |
H045045
|
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 |
|
A. Grover | Aug. 4, 2021 |
H045045
|
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 |
|
A. Grover | Jul. 30, 2021 |
F079311
|
Bailey v. Citibank, N.A.
In adverse possession cases, true ownership requires holding title not lien. |
Real Property |
|
H. Levy | Jul. 8, 2021 |
19-17048
|
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 |
|
L. VanDyke | Jun. 28, 2021 |
19-35922
|
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 |
|
R. Clifton | Jun. 22, 2021 |
E074386
|
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 |
|
M. Ramirez | May 25, 2021 |
D076775
|
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 |
|
T. Do | May 24, 2021 |
19-17043
|
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 |
|
L. VanDyke | May 6, 2021 |
B298589
|
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 |
|
B. Hoffstadt | Apr. 5, 2021 |
B304964
|
Felkay v. City of Santa Barbara
Inverse condemnation judgment affirmed because case was ripe after the initial denial of plaintiff's proposal. |
Real Property |
|
M. Tangeman | Mar. 22, 2021 |
A159532
|
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 |
|
J. Humes | Mar. 15, 2021 |
A159067
|
Husain v. California Pacific Bank
Plaintiff was put on notice of defendant's claim for a prescriptive easement when plaintiff received and signed an indemnification agreement informing him of the easement. |
Real Property |
|
J. Richman | Mar. 10, 2021 |
19-17033
|
U.S. Bank v. White Horse Estates Homeowners Associates
Legally void mortgage-saving clause alone was insufficient evidence to constitute unfairness to set aside a sale. |
Real Property |
|
S. Graber | Feb. 9, 2021 |
B300552
|
Modification: Nagel v. Westen
Trial court erred in dismissing plaintiff's cause of action for fraudulent transfer under Uniform Voidable Transactions Act. |
Real Property |
|
S. Perren | Feb. 3, 2021 |
B295488
|
Southern California School of Theology v. Claremont Graduate Univ.
Trial court erred in concluding that forfeiture doctrine applied to parties' grant deed and written agreement. |
Real Property |
|
V. Chaney | Jan. 26, 2021 |
B303520
|
Bohnett v. County of Santa Barbara
Plaintiff's purchase of property constituted sibling-to-sibling sale and therefore was not exempt from reassessment as Proposition 58 transfer between parent to child. |
Real Property |
|
M. Tangeman | Jan. 20, 2021 |
B300552
|
Nagel v. Westen
Trial court erred in dismissing plaintiff's cause of action for fraudulent transfer under Uniform Voidable Transactions Act. |
Real Property |
|
S. Perren | Jan. 11, 2021 |
C084755
|
San Joaquin Regional Transit Dist. v. Superior Court (DSS-2731 Myrtle LLC)
Sufficient evidence supported trial court's finding that manufacturing company had moved from property to relocate, supporting application of Code of Civil Procedure Section 1268.620. |
Real Property |
|
V. Raye | Dec. 30, 2020 |
B295434
|
Modification: Trenk v. Soheili
Trial court properly canceled deed of trust on home owned by defendants as joint tenants because defendant's wife did not execute the deed. |
Real Property |
|
E. Lui | Dec. 23, 2020 |
B295434
|
Trenk v. Soheili
Trial court properly canceled deed of trust on home owned by defendants as joint tenants because defendant's wife did not execute the deed. |
Real Property |
|
E. Lui | Dec. 22, 2020 |
18-56620
|
3500 Sepulveda LLC v. RREEF America REIT II
District court erred in granting summary judgment to defendants because plaintiff did not give up its rights under agreement between the parties. |
Real Property |
|
M. Bennett | Nov. 23, 2020 |