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Sheetz v. County of El Dorado
In land-use regulation case, traffic impact mitigation fee imposed by county as condition of issuing building permit was subject to the "reasonable relationship" test under Mitigation Fee Act, not the "unconstitutional conditions doctrine."
Real Property 3DCA Oct. 21, 2022
2710 Sutter Ventures, LLC v. Millis
Landlord's termination of tenancy notice was defective when it failed to strictly comply with proper notice requirements under San Francisco's rent ordinance.
Real Property 1DCA/4 Sep. 2, 2022
Hirschfield v. Cohen
Newly constructed single-family dwelling replacing previously rent-controlled unit was subject to rent control because the Ellis Act's recontrol provision was intended to be an exception to the Costa-Hawkins Act's decontrol provisions.
Real Property 2DCA/7 Aug. 29, 2022
Gerlach v. K. Hovnanian's Four Seasons at Beaumont, LLC
Allegedly defective roofs were not "manufactured products" for purposes of the Right to Repair Act because the roofs were not completely manufactured offsite.
Real Property 4DCA/2 Aug. 19, 2022
Shoker v. Superior Court (Phangureh)
Action seeking a constructive trust that would restore title to real property to plaintiffs was a real property claim for lis pendens purposes.
Real Property 1DCA/5 Jul. 19, 2022
Modification: XPO Logistics Freight, Inc. v. Hayward Property, LLC
County assessor's division of property, for property tax purposes, could not be read as part of a contested property's legal description.
Real Property 1DCA/4 Jul. 13, 2022
XPO Logistics Freight, Inc. v. Hayward Property, LLC
County assessor's division of property, for property tax purposes, could not be read as part of a contested property's legal description.
Real Property 1DCA/4 Jun. 21, 2022
Reznitskiy v. County of Marin
The Housing Accountability Act does not apply to projects to build single-family homes.
Real Property 1DCA/1 Jun. 16, 2022
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