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Name Category Published
Government of Guam v. United States
Guam isn't entitled to ownership or right to control public lands under either federal law or claim of aboriginal titles.
Real Property Jun. 12, 2000
U.S. v. Shumway
Summary judgment is not proper where there is genuine dispute over ownership rights of mill site area and amount of government bond increase.
Real Property Jun. 9, 2000
Crown Bank v. Crowder Mortgage Corp.
Lender cannot place conditions on release of deed of trust other than satisfaction of indebtedness.
Real Property Jun. 7, 2000
Elrick v. Merrill
Person in possession of property while foreclosure pending prohibited from committing waste.
Real Property Jun. 7, 2000
First National Bank of Telluride v. Fleisher
Lack of notice of statutory default proceeding is not jurisdictional defect that renders default judgment void.
Real Property Jun. 7, 2000
E-470 Public Highway Authority v. The 455 Co.
Highway Expansion Fee is not adequate basis for precluding all evidence of special benefits at condemnation proceedings.
Real Property Jun. 7, 2000
Town of Telluride v. Lot Thirty-Four Venture
Because rent control is issue of mixed concern, state prohibition supersedes local ordinance.
Real Property Jun. 7, 2000
Griffith v. County of Santa Cruz
County rent control ordinance applies to recreational vehicle site where individuals have resided continuously for nine months or more.
Real Property Jun. 1, 2000
Dimartino v. City of Orinda
City isn't liable for property damage by storm drain when it didn't participate in construction, management or operation of storm drain.
Real Property Jun. 1, 2000
Beach-Courchesne v. City of Diamond Bar
City must present substantial evidence that project area is blighted to invoke redevelopment.
Real Property Jun. 1, 2000
A Tumbling-T Ranches v. Paloma Investment Limited Partnership
Grant of summary judgment in favor of moving party is improper where party is partially responsible for flooding of adjoining land owners' property.
Real Property May 17, 2000
Circle K Ranch Corp. v. Santa Barbara County Board of Supervisors
Subdivision map recorded before enactment of state's subdivision laws does not constitute legally recognizable subdivision lot.
Real Property May 5, 2000
Smith v. Laguna Sur Villas Community Assn.
Condominium associations are holders of attorney-client privilege and are not required to disclose privileged information to individual homeowners.
Real Property May 5, 2000
George v. County of San Luis Obispo
Sheriff executing writ of possession is immune from liability for wrongful eviction.
Real Property Apr. 28, 2000
State of California v. Superior Court (Underwriters at LLoyd's of London)
State acts as supervisor and regulator of groundwater, not as possessor or proprietor.
Real Property Apr. 28, 2000
Patience v. Snyder
Document to sever joint tenancy is deposited for recording only when all recordation requirements have been met.
Real Property Apr. 28, 2000
Lamont Storm Water District of Kern County v. Pavich
Storm water district does not have authority to file action to abate nuisance.
Real Property Apr. 28, 2000
Rocky Mountain Properties v. Purified H20 To Go Co.
Three-day notice is required prior to commencement of unlawful detainer action.
Real Property Apr. 18, 2000
Meadows v. Saville
Federal and state fair housing laws require owners of mobile home parks to accommodate tenants with disabilities.
Real Property Apr. 18, 2000
Bernal v. Loeks
Private property owner may enforce easements reserved by federal patents.
Real Property Apr. 4, 2000
Glass v. Najafi
Landlord, who evicts tenant under writ of possession which is later deemed invalid, is not liable for forcible entry.
Real Property Mar. 31, 2000
Norton v. Curtis
Order
Real Property Mar. 29, 2000
Holiday Acres Property Owners Association Inc. v. Wise
Doctrine of equitable estoppel prevents homeowners association from enforcing restrictive covenants.
Real Property Mar. 22, 2000
Bad Boys of Cripple Creek Mining Co. v. City of Cripple Creek
Two-year statute of limitations applies to claims for inverse condemnation against governmental entities.
Real Property Mar. 6, 2000
Hjelvik v. Babbitt
Unpatented mining claims are null and void for lack of valuable mineral deposits.
Real Property Mar. 3, 2000
Yergan v. Dept. of Real Estate
Brokers are not entitled to payment from Real Estate Recovery Program where judgment obtained is based on professional negligence and not fraud.
Real Property Mar. 2, 2000
Woodward Park Homeowners Assn. v. Garreks Inc.
Even though project is finished before appellate court decision, corporation's failure to prepare environmental report before completing project doesn't make case moot.
Real Property Mar. 2, 2000
Community Redevelopment Agency of City of Los Angeles v. World Wide Enterprises Inc.
Property owner may not impeach appraiser's valuation when valuation was made in connection with a probable compensation.
Real Property Mar. 2, 2000
Crissey Fowler Lumber Co. v. First Community Industrial Bank
Mechanic's lien statute requires payment of subcontractors from construction loan proceeds.
Real Property Feb. 9, 2000
Animas Valley Sand v. The Board of County Commissioners
Burden of proof for landowner alleging inverse condemnation case is by a preponderance of the evidence.
Real Property Feb. 9, 2000