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Kirkeby v. Superior Court (Fascenelli)
Claim for fraudulent conveyance of real property supports recording of lis pendens.
Real Property Oct. 5, 2004
California National Bank v. Havis
Letter with words 'payoff funds' that does not indicate amount owing on loan is not payoff demand statement.
Real Property Sep. 24, 2004
Bello v. ABA Energy Corp.
Energy company did not trespass on farm because county properly issued a right-of-way encroachment permit.
Real Property Sep. 24, 2004
SFPP LP v. Burlington Northern & Santa Fe Railway Co.
Referee in railroad right-of-way case did not commit legal errors in applying condemnation statute.
Real Property Sep. 24, 2004
Serra Canyon Co. Ltd. v. California Coastal Commission
Landowner is barred from challenging 20-year old offer to dedicate land for public use.
Real Property Sep. 24, 2004
Congregation Etz Chaim v. City of Los Angeles
City is estopped from denying congregation's building permit is valid when it was previously approved.
Real Property Aug. 23, 2004
Felgenhauer v. Soni
Person can claim prescriptive easement without believing he is legally entitled to use easement.
Real Property Aug. 6, 2004
Siegel v. Anderson Homes Inc.
Successive home owners have standing to sue for construction defects that existed prior to purchase.
Real Property Jul. 30, 2004
Guardian Angel Polich National Catholic Church of Los Angeles v. Grotnik
Parish that tried to separate from church loses right to keep parish property.
Real Property Jul. 29, 2004
Dieckmeyer v. Redevelopment Agency of the City of Huntington Beach
Owner of low-income condominium may prepay loan without paying equity share to lender.
Real Property Jul. 29, 2004
Yuzon v. Collins
Landlord who had no knowledge of dog's vicious nature had no duty of care toward tenant's guest.
Real Property Jul. 26, 2004
Hanshaw v. Long Valley Road Assn.
Failure to complete statutory dedication does not negate possibility of common law dedication.
Real Property Jul. 26, 2004
Citizens For Better Streets v. Board of Supervisors of the City and County of San Francisco
Defendants did not violate Streets and Highways Code by failing to sell property at market value to fund construction project.
Real Property Jul. 26, 2004
Mt. San Jacinto Community College District v. Superior Court (Azusa Pacific Univ.)
Land owner who made improvements after service in eminent domain action, cannot sue for value in inverse condemnation proceeding.
Real Property Jul. 26, 2004
Coldwell Banker Residential Brokerage Co. Inc. v. Superior Court (Salazar)
Minor who lived in contaminated house failed to state cause of action against seller's broker.
Real Property Jul. 26, 2004
Villa De Las Palmas Homeowners Assoc. v. Terifaj
Use restriction in amended declaration recorded subsequently to homeowner's purchase of condo is binding.
Real Property Jul. 25, 2004
Stolman v. City of Los Angeles
Zoning administrator abuses discretion by granting variance to gas station in residential area.
Real Property Jul. 22, 2004
Pellandini v. Valadao
Plaintiff's right of first refusal is not triggered by co-tenant's transfer of her interest in property to other co-tenant.
Real Property Jul. 21, 2004
Kirkeby v. Superior Court (Fascenelli)
Complaint does not support lis pendens because fraudulent conveyance cause of action does not further claim to property title or possession.
Real Property Jul. 20, 2004
Harrison v. Welch
Landowner is not entitled to exclusive prescriptive easement over neighbor's property.
Real Property Jul. 19, 2004
Anthony v. Snyder (Barratt American Inc.)
Neighbor of real estate development project is not entitled to demand that developer make street improvements.
Real Property Jul. 12, 2004
Kapner v. Meadowlark Ranch Assn.
Property owner who enclosed and possessed land of another did not acquire prescriptive easement over enclosed area.
Real Property Jul. 12, 2004
K-4 Inc. v. Midway Engineered Wood Products Inc. (In re TreeSource Industries Inc.)
Defendant is bound by obligations of commercial lease and must restore premises to pre-leased condition.
Real Property Jul. 8, 2004
Morgan v. City of Chino
City was not required to allow mobilehome park owner to increase rent after making capital improvements.
Real Property Jul. 1, 2004
Villa De Las Palmas Homeowners Assn. v. Terifaj
No-pets rule adopted by homeowners association is reasonable restriction and enforceable equitable servitude.
Real Property Jun. 22, 2004
Opinion of Lockyer
County recorder may accept for recordation 'memorandum of lease' that states parties have executed certain unrecorded lease.
Real Property Jun. 10, 2004
Opinion of Lockyer
Rabbits that eat landscaping, ornamental plants or gardens may be trapped or killed.
Real Property May 3, 2004
BedRoc Limited v. United States
Sand and gravel are 'valuable minerals' within meaning of Pittman Underground Water Act.
Real Property Apr. 1, 2004
Edamerica Inc. v. Superior Court (Jung)
Landlord is not liable for demanding 'key money' when tenant rejects demand and parties do not enter into new lease agreement.
Real Property Mar. 15, 2004
Van't Rood v. County of Santa Clara
Appellant's petition for exclusion of his property from parcel map was improperly denied.
Real Property Mar. 15, 2004