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Name Category Published
Gardner v. County of Sonoma
Map recorded before enactment of subdivision law does not create legally cognizable subdivisions. 		Real Property Oct. 1, 2003
Drouet v. Superior Court of San Francisco County
Tenant may not prevent landlord from lawfully removing rental property from market by claiming retaliatory eviction. 		Real Property Aug. 10, 2003
CUNA Mutual Life Insurance Co. v. Los Angeles County Metropolitan Transportation Authority
In inverse condemnation action, trial court erred by requiring property owner to show 'but for' mitigation efforts, damage would have occurred. 		Real Property Jul. 29, 2003
Harbor Island Holdings LLC v. Kim
Lease provision requiring double rent in event of breach is unenforceable as penalty. 		Real Property Jul. 25, 2003
Lee v. Los Angeles County Metropolitan Transit Authority
Cause of action for inverse condemnation begins to accrue only when damage stabilizes. 		Real Property Jul. 25, 2003
MHC Operating Limited Partnership v. City of San Jose
Substantial evidence supports hearing officer's conclusion that net operating income could be estimated for rent control purposes. 		Real Property Apr. 15, 2003
Bullard v. San Francisco Rent Stabilization Board
Local regulation that dictates rental amount landlord may charge for replacement unit violates Costa-Hawkins Act. 		Real Property Apr. 3, 2003
Topsail Court Homeowners Assn. v. County of Santa Cruz
Water treatment facility is not exempt from zoning regulations. 		Real Property Apr. 2, 2003
Nicolopulos v. Superior Court (Bourgeois)
Property owner failed to show obligation under unrecorded promissory note had expired. 		Real Property Apr. 2, 2003
Howard S. Wright Construction Co. v. Superior Court (BBIC Investors)
Notice of nonresponsibility may not shield property owner from mechanic's lien under participating owner doctrine. 		Real Property Apr. 2, 2003
City of San Diego v. Rancho Penasquitos Partnership
Zoning restriction is inadmissible to show lower value of condemned property where both condemner and zoning authority are same entity. 		Real Property Mar. 31, 2003
Lane v. Residential Funding Corp.
Requirement that home buyer use particular title insurance company did not violate Real Estate Settlement Procedures Act. 		Real Property Mar. 26, 2003
Save our NTC Inc. v. City of San Diego
Proposition D's 30-foot height zoning limitation does not apply to San Diego's redevelopment project. 		Real Property Mar. 26, 2003
Syufy Enterprises LP v. City of Oakland
Subtenant is not entitled to remain on property after master tenant rejects lease in bankruptcy. 		Real Property Feb. 24, 2003
Rolfe v. California Transportation Commission (San Diego Regional Transportation Commission)
California Dept. of Transportation need not obtain legislative approval before acquiring park property and converting it for nonpark use. 		Real Property Feb. 20, 2003
Gardner v. County of Sonoma
Antiquated maps created before 1893 do not create legal parcels. 		Real Property Feb. 5, 2003
Magna Enterprises Inc. v. Fidelity National Title Insurance Co.
Insurer had no duty to defend under title insurance policy where property owner had right of access, although difficult or impractical. 		Real Property Feb. 4, 2003
Kellogg v. Garcia
An easement by necessity arises where U.S. government was common owner prior to conveyance. 		Real Property Feb. 3, 2003
Lowenstein v. City of Lafayette
City is not liable for taking when it erroneously denied landowner's application for lot line adjustment. 		Real Property Jan. 7, 2003
City of Lincoln v. Barringer
City was not required to give landowners 15 days' notice of public hearing regarding proposed taking. 		Real Property Nov. 25, 2002
King County v. Rasmussen
County owns fee simple estate in strip of land formerly used as railroad right of way. 		Real Property Oct. 10, 2002
Emeryville Redevelopment Agency v. Harcros Pigment Inc.
Purchases of neighboring properties are inadmissible to establish market value of condemned property. 		Real Property Oct. 7, 2002
Annod Corp. v. Hamilton & Samuels
Partners in law firm did not fraudulently avoid paying rent by receiving partnership draws. 		Real Property Oct. 2, 2002
People v. Murrison
Landowner may not lawfully divert creek water without first notifying Dept. of Fish and Game. 		Real Property Oct. 2, 2002
DMC Inc. v. Downey Savings and Loan Assn.
New purchase-money lien has priority over any revived junior lien. 		Real Property Oct. 1, 2002
City of Ripon v. Sweetin
Evidence of city's alleged misconduct prior to condemnation proceedings should have been admitted to calculate damages. 		Real Property Sep. 30, 2002
Johnston v. Sonoma County (City of Santa Rosa)
Transfer of utility easement over property preserved for open space to city under threat of condemnation does not require voter approval. 		Real Property Sep. 30, 2002
Western Aggregates Inc. v. County of Yuba
Historic public road exists over land owned by mining company. 		Real Property Sep. 24, 2002
Borden v. City of Olympia
Owner whose property was flooded may sue city for negligence under duty of due care. 		Real Property Sep. 24, 2002
City of Burien v. Central Puget Sound Growth Management
City did not violate Growth Management Act by entering into interlocal agreement during negotiations closed to public. 		Real Property Sep. 24, 2002
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