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LT-WR LLC v. California Coastal Commission
Commission violates owner's right to exclude public by denying permit to maintain gates and no trespassing signs based on 'potential' prescriptive rights.
Real Property May 29, 2007
L&B Real Estate v. Los Angeles County Housing Authority
Low income housing development belongs to Housing Authority, not real estate company, after tax deed is invalidated.
Real Property Apr. 16, 2007
Amalgamated Bank v. Superior Court (Corinthian Homes)
Judgment creditor may not bring action to set aside sale in order to deny third party purchaser of interest in property.
Real Property Apr. 16, 2007
United States v. 191.07 Acres of Land
Because stipulated dates of taking were prior to filing of declaration, district court correctly found issue of just compensation was part of inverse condemnation action.
Real Property Apr. 13, 2007
Wright v. City of Morro Bay
Property owners cannot claim ownership of portion of adjacent dedicated street, even if it was never opened or used for public purposes.
Real Property Mar. 28, 2007
North Kern Water Storage District v. Kern Delta Water District
In water rights case, court erroneously holds that release water cannot be basis for measurement of actual entitlement.
Real Property Mar. 20, 2007
Mt. San Jacinto Community College District v. Superior Court (Azusa Pacific University)
Statutory 'quick-take' eminent domain actions do not deprive landowner of its right to just compensation and thus are not unconstitutional.
Real Property Mar. 9, 2007
Stardust Mobile Estates v. City of San Buenaventura
Landlord may be entitled to adjustment in 'base rent' amount if it was charging artificially low rent when 'base rent' amount was set.
Real Property Mar. 7, 2007
Dyer v. Martinez
Document does not provide constructive notice unless and until it is recorded and can be located by diligent title search.
Real Property Mar. 7, 2007
Ciraulo v. City of Newport Beach
Contractor's misconduct in failing to obtain building permit is attributable to homeowners who delegated responsibility for obtaining permit to him.
Real Property Feb. 22, 2007
Mt. San Jacinto Community College District v. Superior Court (Azusa Pacific University)
Date of valuation of property in 'quick take' eminent domain proceeding is date of deposit of probable compensation.
Real Property Feb. 21, 2007
Stone v. Center Trust Retail Properties Inc.
Entry of judgment of possession in unlawful detainer action gives rise to landlord's duty to inspect property and conduct periodic inspections thereafter.
Real Property Feb. 16, 2007
Manderville v. PCG&S Group Inc.
Buyer's claim for intentional misrepresentation is not precluded by exculpatory clauses in purchase agreement nor by buyer's failure to investigate.
Real Property Feb. 16, 2007
Black Hills Investments Inc. v. Albertson's Inc.
Contracts violated law where they provided for sale of unsubdivided parcels before seller recorded parcel map in compliance with Subdivision Map Act.
Real Property Feb. 13, 2007
Castillo v. Express Escrow Co.
Escrow agent for mobile home sale must hold funds in escrow upon receiving written notice of dispute between buyer and seller.
Real Property Feb. 13, 2007
Van Slyke v. Gibson
In real estate transaction case, sellers are not required to first seek mediation in order to recover attorney fees.
Real Property Feb. 7, 2007
Cacho v. Boudreau
Mobilehome park owners in rent-control district cannot charge tenants for share of property tax.
Real Property Feb. 1, 2007
North Kern Water Storage District v. Kern Delta Water District
Court improperly declared forfeiture where suit was brought to establish forfeiture of appropriative water rights through nonuse.
Real Property Jan. 10, 2007
City of Goleta v. Superior Court (Oly Chadmar Sandpiper General Partnership)
Subdivision Map Act exception to rule making approval of final subdivision map ministerial is effective without adoption by newly incorporated city.
Real Property Dec. 21, 2006
Wachovia Bank v. Lifetime Industries Inc.
Defendant's lien is not extinguished where exercise of option to purchase did not give plaintiff title to remainder interest.
Real Property Dec. 20, 2006
Wright v. City of Morro Bay
Property owners cannot claim ownership of portion of adjacent dedicated street, even if it was never opened or used for public purposes.
Real Property Dec. 6, 2006
Schneider v. California Coastal Commission
California Coastal Commission may not consider boater's 'right to view' of coastline as factor in denying development in coastline zone.
Real Property Nov. 28, 2006
City of Santa Monica v. Gonzalez
Procedurally defective notice does not invalidate receivership appointment and actions because landowner had actual notice and history of code violations.
Real Property Nov. 28, 2006
Peak Investments v. South Peak Homeowners Association Inc.
Statute requires at least simple majority of all members of homeowners association to amend covenants, conditions and restrictions.
Real Property Nov. 28, 2006
Red Mountain LLC v. Fallbrook Public Utility District
Ambiguous grant from public entity to private party is construed to only pass rights and interests expressly embraced in its terms.
Real Property Nov. 16, 2006
Red Mountain v. Fallbrook Public Utility District
Court erred by failing to construe access easement in favor of public utility district pursuant to Civil Code.
Real Property Nov. 7, 2006
Border Business Park Inc. v. City of San Diego
Where alleged invasion of property did not directly and specially affect business park, owner could not prevail on inverse condemnation claim.
Real Property Nov. 7, 2006
Borten v. Santa Monica Rent Control Board
Precedent established in prior case defeats landlord's constitutional challenge to rent control board's involvement with non-resident tenant.
Real Property Nov. 6, 2006
Markowitz v. Fidelity National Title Co.
Nonsuit is properly granted for sub-escrow where no statutory duty was owed to plaintiff.
Real Property Nov. 6, 2006
Farber v. Bay View Terrace Homeowners Association
Where plaintiff was not owner of condominium unit, she lacked standing to enforce CC&R's.
Real Property Oct. 25, 2006