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Name Category Published
Casden Park La Brea v. Ross Dress for Less Inc.
Neutral arbitrator has no duty to disclose employer's business relationship with party or party's representative in which he has no financial interest. 		Real Property Apr. 28, 2008
Brewer v. Murphy
California law recognizes prescriptive rights in surface water between parties, and thus Water Code is not exclusive way to obtain water rights. 		Real Property Apr. 7, 2008
Aviel v. Ng
Trustee sale under deed of trust extinguishes commercial lease made subject to future mortgages in subordination clause. 		Real Property Apr. 3, 2008
Pacific Hills Homeowners Association v. Prun
Action brought against homeowners is subject to five-year statute of limitations even though set-back restriction was not recorded in CC&Rs. 		Real Property Mar. 24, 2008
City of Fremont v. Fisher
Court must exclude expert testimony on temporary severance damages where owners fail to show construction easement interferes with property’s actual intended use. 		Real Property Mar. 3, 2008
Nicoll v. Rudnick
Because water right was appurtenant to entire property, each parcel owner of property acquired water rights proportional to percentage of land acquired. 		Real Property Feb. 28, 2008
McClain v. Octagon Plaza
Plaintiff leasing commercial space is entitled to accounting with respect to her share of common expenses. 		Real Property Feb. 4, 2008
County of Ventura v. Channel Islands Marina Inc.
County landlord is not liable for lessee’s damages caused by newly enacted government regulation preventing lessee from removing improvements made to land. 		Real Property Feb. 1, 2008
Fourth La Costa v. Seith
Reduction of percentage of owners necessary to amend CC&Rs was constitutional and did not exceed court’s statutory authority. 		Real Property Feb. 1, 2008
Citizens for Responsible Open Space v. San Mateo County Local Agency Formation Commission
Annexation of land is validated where omissions in public notice are not prejudicial because voter rights were not substantially affected. 		Real Property Feb. 1, 2008
Biscotti v. Yuba City Unified School District
Child’s injury from falling off bicycle used as impromptu ladder to climb schoolyard fence is not result of dangerous condition of public property. 		Real Property Dec. 28, 2007
Richeson v. Helal
As construed here, agreements between city and landowner do not prevent city from granting conditional use permit without durational limitation. 		Real Property Dec. 26, 2007
San Diego Metropolitan Transit Development Board v. RV Communities
Condemned property is not properly valued on date of deposit if condemner’s deposit is not ‘just compensation’ for its taking. 		Real Property Dec. 24, 2007
Redevelopment Agency of the City of Long Beach, California v. Morales
Award of litigation expenses is reversed in eminent domain case where owners had declined redevelopment agency's offer for their land. 		Real Property Dec. 19, 2007
Eastern Municipal Water District v. Superior Court (Tajik)
Deposit of inadequate sum for property condemned via ‘quick take’ process will not affect statutory scheme regarding date of valuation for that property. 		Real Property Dec. 17, 2007
Schweitzer v. Westminister Investments
Requiring proof that purchaser's representative is bonded under Civil Code is void for vagueness under due process clause. 		Real Property Dec. 16, 2007
Crestmar Owners Association v. Stapakis
Statute of limitations for action to quiet title does not begin to run until someone presses adverse claim against person holding property. 		Real Property Dec. 16, 2007
Raven H. v. Gamette
Sexual assault victim raises triable issue of material fact regarding whether her landlord's alleged negligence was substantial factor in causing her injury. 		Real Property Dec. 10, 2007
Porterville Citizens for Responsible Hillside Development v. City of Porterville (Contour Development Inc.)
Extra-record evidence is not admissible to challenge substantial evidence supporting fair argument that mitigated housing project has adverse environmental impacts. 		Real Property Dec. 9, 2007
Neighbors in Support of Appropriate Land Use v. County of Tuolumne
County action purporting to exempt one specific parcel of land from applicable zoning ordinance violates Government Code Section 65852’s uniformity requirement. 		Real Property Dec. 9, 2007
Washington Mutual Bank v. Blechman
When party seeks to set aside trustee's sale in foreclosure proceeding, it is presumed that parties to sale transaction are indispensable parties. 		Real Property Dec. 4, 2007
Redevelopment Agency of the City of Long Beach, California v. Morales
Award of litigation expenses is reversed in eminent domain case where owners had declined redevelopment agency's offer for their land. 		Real Property Nov. 29, 2007
Stockton Citizens for Sensible Planning v. City of Stockton (A.G. Spanos Construction Inc.)
City director's letter does not constitute 'approval' by 'public agency' of plans for Wal-Mart store under CEQA. 		Real Property Nov. 29, 2007
Murphy v. Burch
Landlocked property has no 'intended' easement by necessity across neighboring parcel where common owner never condemned right-of-way before granting land. 		Real Property Nov. 20, 2007
Bi-Rite Meat & Provisions Co. v. The Redevelopment Agency of the City of Hawaiian Gardens
Where meat market's property was acquired by city, claim for relocation benefits is untimely under California Code of Regulations. 		Real Property Nov. 20, 2007
TG Oceanside v. City of Oceanside
Owner of rent-controlled property must show adjustments provided in rent-control ordinance deprive it of ‘fair return’ in order to raise rents. 		Real Property Nov. 19, 2007
Ste. Marie v. Riverside County Regional Park and Open Space District (Mt. San Jacinto Community College District)
Acquisition of real property by Park and Open Space District ‘dedicates’ such land for purposes of use as park or open-space. 		Real Property Nov. 13, 2007
Fidelity Exploration and Production Co. v. United States
Action brought by state’s predecessor in interest is not exempted from Quiet Title Act’s statute of limitations. 		Real Property Nov. 6, 2007
Michel v. Palos Verdes Network Group Inc.
Dismissal of cause of action for negligent nondisclosure is error where broker must satisfy high fiduciary duty. 		Real Property Nov. 4, 2007
Scottish Rite Cathedral Association of Los Angeles v. City of Los Angeles (Windsor Square Association)
Revocation of occupancy certificate for nuisance caused by parking for commercial events does not burden Freemasons' religious exercise within meaning of RLUIPA. 		Real Property Oct. 18, 2007
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