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Butler-Rupp v. Lourdeaux
Tenant cannot recover for negligent infliction of emotional distress because her damages derive solely from landlord's failure to perform contract obligations.
Real Property Oct. 24, 2006
Ung v. Koehler
Trial court erred in granting summary adjudication that precluded sale of plaintiff's property under deed of trust.
Real Property Oct. 23, 2006
Garber v. Levit
Proposition G's percent ownership requirement for owners of record acquiring interest in property prevails over amendment to rent ordinance.
Real Property Oct. 22, 2006
Tilton v. Reclamation District No. 800
In inverse condemnation case involving property damage caused by levee failures, dismissal is proper where plaintiffs failed to allege flawed maintenance plan.
Real Property Oct. 22, 2006
Harrison v. Emerald Outdoor Advertising (In re Emerald Outdoor Advertising)
Deed of trust securing Indian trust land recorded in county has priority over commercial lease recorded with Bureau of Indian Affairs.
Real Property Sep. 7, 2006
Preciado v. Wilde
Co-tenant failed to establish title by adverse possession where he never excluded other co-tenant from property.
Real Property Sep. 6, 2006
Slintak v. Buckeye Retirement Co.
Where last lis pendens was recorded in 1999, within 10-year time period under Civil Code Section 882.020, statute of limitations has not run.
Real Property Sep. 6, 2006
Newmyer v. Parklands Ranch
Deed expressly granting appurtenant easement with right to convey other easements for 'like purposes' is enforceable against subsequent owner of servient tenement.
Real Property Aug. 23, 2006
Aaron v. Dunham
Where permission to pass signs were not posted by owner as required by Civil Code Section 1008, neighbors acquired prescriptive easement rights.
Real Property Aug. 23, 2006
Kuperman v. Assessment Appeals Board No. 1, San Diego County (Smith)
Plaintiff's application challenging tax assessor's base year value of his property was untimely brought within four-year limitations period.
Real Property Aug. 22, 2006
Gill Petrolium Inc. v. Hayer
Code of Civil Procedure gives court discretion to relieve tenant from forfeiture and restore him to his former estate or tenancy.
Real Property Aug. 21, 2006
Regency Outdoor Advertising Inc. v. City of Los Angeles
Partial obstruction of plaintiff's billboards by city's planting of palm trees is not compensable in inverse condemnation action.
Real Property Aug. 16, 2006
Barnes v. Hussa
Landowner is entitled to irrevocable license to use water pipeline built on noncontiguous parcel.
Real Property Jul. 10, 2006
Johnson v. City and County of San Francisco
Ellis Act pre-empts San Francisco ordinance requiring landlord to provide notice of landlord's belief as to tenant's entitlement to relocation costs.
Real Property Jul. 10, 2006
Regency Outdoor Advertising v. City of Los Angeles
Partial obstruction of plaintiff's billboards by city's planting of palm trees is not compensable in inverse condemnation action.
Real Property Jun. 19, 2006
Dunn v. County of Santa Barbara
Property owner's regulatory takings claims are ripe for adjudication after county stated it will not allow subdivision of property.
Real Property Jun. 15, 2006
Metropolitan Water District of Southern California v. Campus Crusade for Christ Inc.
Landowner opposed to eminent domain action was improperly barred from presenting evidence of severance damages to jury.
Real Property Jun. 6, 2006
D & M Financial Corp. v. City of Long Beach
City violated property owner's due process rights when it failed to give proper notice before demolishing substandard structure.
Real Property Apr. 23, 2006
Strebel v. Brenlar Investments Inc.
Fiduciary is liable for loss of appreciation damages when concealment of material fact results in sale of real property to third party.
Real Property Apr. 7, 2006
Dunn v. County of Santa Barbara
Property owner's regulatory takings claims are ripe for adjudication after county stated it will not allow subdivision of property.
Real Property Apr. 7, 2006
Ung v. Koehler
Trial court erred in granting summary adjudication that precluded sale of plaintiff's property under deed of trust.
Real Property Mar. 29, 2006
Hinesley v. Oakshade Town Center
In fraud action, lessee could not justifiably rely on alleged assertions about prospective commercial co-tenants made by lessor.
Real Property Mar. 29, 2006
Metropolitan Water District of Southern California v. Campus Crusade for Christ Inc.
Landowner opposed to eminent domain action was improperly barred from presenting evidence of severance damages to jury.
Real Property Mar. 29, 2006
Trust One Mortgage Corp. v. Invest America Mortgage Corp.
Court properly granted summary judgment to mortgagee corporation because indemnification provision of broker agreement was enforceable notwithstanding nonjudicial foreclosure.
Real Property Mar. 20, 2006
Santa Anita Companies v. Westfield Corporation
Action to reform grant deeds based upon error in title report does not accrue until mistake is discovered.
Real Property Feb. 6, 2006
Wasatch Property Management v. Degrate
In unlawful detainer action, 90-day notice provision of Civil Code Section 1954.535 applies to non-rent control tenancies.
Real Property Feb. 3, 2006
The Santa Anita Companies Inc. v. Westfield Corp. Inc.
Action to reform grant deeds based upon error in title report does not accrue until mistake is discovered.
Real Property Feb. 3, 2006
Coalition of Concerned Communities Inc. v. City of Los Angeles (Catellus Residential Group)
Housing development was not subject to statute requiring affordable housing within coastal zone.
Real Property Feb. 3, 2006
Behniwal v. Superior Court (Mix)
Prospective condo buyers have at least probably valid claim so that trial court must vacate order expunging notice of lis pendens.
Real Property Jan. 30, 2006
Opinion of Lockyer
Adult, nondependent child of member of redevelopment agency may purchase real property within agency's redevelopment project area.
Real Property Jan. 25, 2006