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Name Category Published
Hwang v. McMahill
Setting aside default against tenant who failed to pay rent was erroneous without proof of mistake, surprise, or excusable neglect. 		Real Property Apr. 26, 2001
Mcgahuey v. Hwang
Landlord's rental increase and utility fee meet the requirements of consent order issued in discrimination case. 		Real Property Apr. 26, 2001
Good v. Skagit County
U.S. Court of Claims has jurisdiction over just compensation claim of landowner concerning county's interim use of railroad's right-of-way. 		Real Property Apr. 26, 2001
Granite Beach Holdings LLC v. State
Implied reservation in favor of United States may not be found without evidence of congressional intent to imply reserved easement. 		Real Property Apr. 25, 2001
Firth v. Lu
Purchase of cooperative apartment unit is transfer of real property and must be in writing to be enforceable. 		Real Property Apr. 25, 2001
Hwang v. Elwell
Landlord should receive possession of premises if tenant refuses to deposit rent due with court until resolution of action. 		Real Property Apr. 25, 2001
Samad v. Collins L.L.L.C.'s
Easement extinguised by merger doctrine can be recreated in subsequent reconveyance with express language. 		Real Property Apr. 25, 2001
Estate of Upton
Deed of trust beneficiary's interest in real property is superior to owner's homestead interest. 		Real Property Apr. 23, 2001
Mauldin v. Panella
Appointment of new architectural control committee invalid where not done within time frame established by covenants. 		Real Property Apr. 20, 2001
Pleasant Valley Canal Co. v. Borror
1916 decision doesn't have preclusive effect on water rights but provides evidence of historic water use. 		Real Property Apr. 19, 2001
Akins v. State of California
Reasonableness test inapplicable if governmental flood control works floods property not historically subject to flooding. 		Real Property Apr. 19, 2001
City of Monterey v. Del Monte Dunes
Jury can decide both regulatory takings claim and whether rejection of development proposal didn't substantially advance a legitimate public interest. 		Real Property Apr. 19, 2001
City of Phoenix v. Wilson
Trial judge correctly admits expert witness' testimony that condemned property should be treated as two separate units before taking. 		Real Property Apr. 17, 2001
Lowe v. Double L Properties Inc.
Servient estate holder may not interfere with mere increase in use, but may resist attempted change in use by dominant estate holder. 		Real Property Apr. 16, 2001
Union Pacific Railroad Co. v. City of Atoka
Opinion 		Real Property Mar. 28, 2001
City of Casa Grande v. Arizona Water Co.
City ordinance authorizing condemnation of private utility company's property conflicts with state law; acquisition requires vote approval first. 		Real Property Mar. 21, 2001
Levitz Furniture Co. of the Pacific Inc. v. Wingtip Communications Inc.
Notice to pay rent is valid despite inclusion of rent due over one year because amount claimed was reasonable estimate. 		Real Property Mar. 13, 2001
People v. Maldonado
Trial court does not misconstrue outdoor advertising statutes when facts demonstrate violation of applicable law. 		Real Property Mar. 13, 2001
St. Jude's Co. v. Roaring Fork Club, L.P.
Owner of water ditch easement must be allowed access over servient property to repair and maintain ditch. 		Real Property Mar. 6, 2001
Brush Grocery Kart, Inc. v. Sure Fine Market, Inc.
Buyer of property assumes risk of loss prior to title transfer regardless of possession of property. 		Real Property Mar. 6, 2001
Lobato v. Taylor
Successors in interest to settlers of property not entitled to continued use for grazing and other purposes. 		Real Property Mar. 2, 2001
1st Choice Bank v. Fisher Mechanical Contractors Inc.
Recording of deed of trust is sufficient notice to establish priority of lender over mechanics lien claimants. 		Real Property Mar. 2, 2001
Dunne v. Shenandoah Homeowners Association
Covenants applicable to subdivision may not be revoked without consent of all property owners. 		Real Property Mar. 2, 2001
6 Angels Inc. v. Stuart-Wright Mortgage Inc.
Foreclosure sale is not set aside because pricing error arose from trustee's own negligence. 		Real Property Mar. 1, 2001
Aas v. Superior Court (The William Lyon Co.)
Homeowners can't claim pure economic loss damages or market 'stigma' damages in construction defect suit. 		Real Property Mar. 1, 2001
Dreyfuss v. Union Bank of California
Lender can nonjudicially foreclose on multiple parcels of real property collateral without crediting debtor fair market value of each parcel. 		Real Property Mar. 1, 2001
Regional Transportation District v. Outdoor Systems Inc.
Compensation owed to owner of billboard leases where property condemned for project funded with federal funds. 		Real Property Mar. 1, 2001
McCormick v. Union Pacific Resources Co.
Deed reservation for "other minerals" includes oil and gas. 		Real Property Mar. 1, 2001
Wilcox v. Clark
Prevailing party in action for forcible entry and detainer may be awarded attorney fees. 		Real Property Mar. 1, 2001
Pegorare v. Wong
Creditor not required to exhaust security before personally suing debtor when debtor does not demand foreclosure during trail. 		Real Property Feb. 28, 2001
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