| Case # | Name | Category | Court | Judge | Published | 
|---|---|---|---|---|---|
| 
 D044546 
 | 
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 | |
| 
 E035881 
 | 
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 | |
| 
 B181840 
 | 
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 | |
| 
 B179923 
 | 
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 | |
| 
 G036069 
 | 
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 | |
| 
 A102706 
 | 
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 | |
| 
 A109532 
 | 
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 | |
| 
 613808 
 | 
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 | |
| 
 A112185 
 | 
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 | |
| 
 04-35647 
 | 
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 | |
| 
 B182257 
 | 
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 | |
| 
 B182875 
 | 
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 | |
| 
 B180461 
 | 
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 | |
| 
 A109488 
 | 
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 | |
| 
 D045751 
 | 
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 | |
| 
 C047075 
 | 
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 | |
| 
 B159255 
 | 
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 | |
| 
 C049163 
 | 
Barnes v. Hussa
 Landowner is entitled to irrevocable license to use water pipeline built on noncontiguous parcel.  | 
Real Property | 
 | 
Jul. 10, 2006 | |
| 
 A111355 
 | 
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 | |
| 
 S132619 
 | 
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 | |
| 
 B175149 
 | 
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 | |
| 
 E034248 
 | 
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 | |
| 
 B173977 
 | 
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 | |
| 
 A104681 
 | 
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 | |
| 
 B175149 
 | 
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 | |
| 
 A109532 
 | 
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 | |
| 
 C045865 
 | 
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 | |
| 
 E034248 
 | 
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 | |
| 
 G035111 
 | 
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 | |
| 
 S139913 
 | 
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 | 
