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County of Alameda v. Superior Court (San Leandro Rock Co. Inc.)
Even though land use regulation is restrictive, this alone does not render resort to administrative procedures futile.
Real Property Jan. 25, 2006
Miller v. Weitzen
Civil Code Section 846 immunizes owners of driveway with right-of-way over horse trail from liability for fall on horse trail.
Real Property Jan. 25, 2006
Fishback v. County of Ventura
Landowners who purchased parcels from illegally created subdivision are not entitled to receive certificates of compliance from county.
Real Property Jan. 25, 2006
Bohbot v. Santa Monica Rent Control Board
Rent Control Laws require landlords converting their buildings into condominiums to obtain removal permits.
Real Property Jan. 24, 2006
Bank of America N.A. v. La Jolla Group II
Buyer did not receive good title to property when lender failed to inform trustee that homeowner had cured default leading to foreclosure.
Real Property Jan. 24, 2006
Underwood v. Corsino
Statutory authority for abatement of rent only exists for successful residential tenant, not commercial tenant.
Real Property Dec. 29, 2005
Herzberg v. County of Plumas
Trial court properly concluded property owners could not plead regulatory taking claim as matter of law.
Real Property Dec. 28, 2005
McFarland v. Norton
Quiet title action by party claiming easement on Glacier National Park does not accrue until National Park Service refuses access to road.
Real Property Dec. 14, 2005
Glenbrook Homeowners Assoc. v. Tahoe Regional Planning Agency
Contractual rights assigned to homeowner's association through deed could not later be transferred by another assignment.
Real Property Dec. 13, 2005
Fripp v. Walters
Parcel map that failed to follow boundary description of original grant deed is subject to collateral attack.
Real Property Nov. 29, 2005
Campbell v. Superior Court (La Barrie)
Claims requesting imposition of constructive trust and equitable lien on residence do not support lis pendens.
Real Property Nov. 29, 2005
Wells Fargo Bank N.A. v. Boutris
California's per diem loan-interest statute is not preempted by federal law.
Real Property Nov. 15, 2005
Title Trust Deed Service Co. v. Pearson
Declared homestead recorded before judgment lien attached becomes part of formula for determining amount of judgment lien.
Real Property Nov. 11, 2005
Paul v. Schoellkopf
Provision for attorney fees in escrow instructions does not apply to land sale contract dispute.
Real Property Nov. 9, 2005
Hafen v. County of Orange
Developer is not exempt from zoning regulations adopted after his tentative parcel map was approved.
Real Property Nov. 4, 2005
San Diego Metropolitan Transit Development Board v. RV Communities
Property owner may bring inverse condemnation cross-action even after direct eminent domain action has been filed.
Real Property Nov. 4, 2005
First Federal Bank of California v. Fegen
Judgment debtor's appeal seeking to reverse sale of foreclosed property is moot.
Real Property Oct. 17, 2005
Bear Creek Master Association v. Edwards
Homeowners' association may charge assessments for unbuilt property within planned and partially built development.
Real Property Oct. 10, 2005
Wasatch Property Management v. Degrate
Landlord seeking to terminate lease of low-income tenant with Section 8 benefits must provide 90 days' notice.
Real Property Oct. 10, 2005
Bisno v. Santa Monica Rent Control Board
Rent control board may adopt regulation allowing landlord to petition for rent increase for tenant who does not principally reside at unit.
Real Property Oct. 5, 2005
Lu v. Grewal
Fair market rental value is proper measure for mitigation when lessee abandons commercial lease.
Real Property Oct. 5, 2005
Escondido Union School District v. Casa Suenos De Oro Inc.
Landowner facing eminent domain was properly awarded compensation for manufactured home on land.
Real Property Sep. 26, 2005
Beyer v. Tahoe Sands Resort
'Owner' in rule regarding servient tenement is owner of full legal and equitable title.
Real Property Sep. 26, 2005
Wasatch Property Management v. Degrate
Landlord seeking to terminate lease of low-income tenant with Section 8 benefits must provide 90 days' notice.
Real Property Sep. 26, 2005
City of Merced v. American Motorists Insurance Co.
City can recover on performance bond when constructor fails to make improvements even though they were eventually made.
Real Property Aug. 30, 2005
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 Aug. 30, 2005
Communications Relay Corp. v. County of Los Angeles
Property owners may not construct water wells without identifying person holding water well contractor's license as person responsible for construction.
Real Property Aug. 29, 2005
Berg v. Davi
Attorney discipline proceedings are sufficient basis for rejection of application for real estate salesperson's license.
Real Property Aug. 29, 2005
Woodridge Escondido Property Owners Association v. Nielsen
Homeowner must remove portion of deck that encroaches on easement on his neighbor's property.
Real Property Aug. 29, 2005
City of San Diego v. D.R. Horton San Diego Holding Co. Inc.
Jury's determinations of property value and severance damages in eminent domain case were internally inconsistent.
Real Property Aug. 23, 2005