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Barham v. Southern California Edison Co.
Public electrical utility is liable for inverse condemnation damages to owners of property damaged in fire caused by power lines.
Real Property Sep. 30, 1999
Eby v. Bingham
Ten-year limitation on trust deed lien applies, even though note contemplates payment until obligation satisfied, where final maturity date ascertainable from record.
Real Property Sep. 13, 1999
Del Monte Dunes at Monterey v. City of Monterey
Plaintiff is entitled to jury trial in inverse condemnation action.
Real Property Sep. 9, 1999
Paterno v. State of California
Inverse condemnation judgment awarded on erroneous legal theory and inaccurate law isn't proper and warrants a retrial.
Real Property Sep. 6, 1999
Lavidas v. Smith
Purchaser of deed is entitled to property despite county treasurer's failure to strict adhere to statute.
Real Property Sep. 6, 1999
Angell v. Superior Court (Verdugo Trustee Service Corp.)
Discovery of higher obligation against property after accepting bid at foreclosure sale, but before tendering deed, justifies trustee's refusal to complete sale.
Real Property Sep. 2, 1999
Building Industry Legal Defense Foundation v. Superior Court (City of San Juan Capistrano)
City cannot adopt interim ordinance that prohibits the processing of development applications, such as a tentative subdivision map.
Real Property Sep. 2, 1999
Gagan v. Gouyd
Conveyance of marital property into trust and conveyance of trust assets to wife as part of marriage dissolution isn't fraudulent.
Real Property Sep. 2, 1999
Lee v. Block
Bankruptcy petition filed after unlawful detainer judgment doesn't prevent landlord from evicting tenant.
Real Property Sep. 2, 1999
Golden Gateway Center v. San Francisco Residential Rent Stabilization and Arbitration Board
Housing services aren't substantially decreased when landlord's repair and maintenance work doesn't substantially interfere with right to occupancy of premises as a residence.
Real Property Sep. 2, 1999
Lamden v. La Jolla Shores Clubdominium Homeowners Assn.
Courts must defer to the authority and presumed expertise of a homeowner's association when it makes ordinary maintenance and repair decisions.
Real Property Sep. 2, 1999
Thomas F. Casey, III County Counsel County of San Mateo
County recorder can't accept notice of disclosure document for recordation that gives notice of proximity of airport, power lines, and other problems for specified real property.
Real Property Aug. 9, 1999
United States v. 4.0 Acres of Land
News report of juror's view on a witness's testimony at trial isn't proper basis for new trial in federal condemnation action.
Real Property Aug. 6, 1999
J. Thomas Clark & Associates Inc. v. Trueman Aspen Co.
Exclusive use provision in lease does not preclude operation of similar business in shopping center.
Real Property Aug. 6, 1999
Mason v. Cansino
Court has subject matter jurisdiction over forcible detainer action based upon deed from the Internal Revenue Service district director.
Real Property Aug. 5, 1999
Galland v. City of Clovis
Civil rights action is available in rent damages suit when city violates landlord's right to due process.
Real Property Aug. 5, 1999
Building Industry Legal Defense Foundation v. Superior Court (City of San Juan Capistrano)
City cannot adopt interim ordinance that prohibits the processing of development applications, such as a tentative subdivision map.
Real Property Aug. 4, 1999
Hobbs v. Weiss
In an oral 'hearing' regarding critical pretrial matters, a court may determine the merits based on written and oral presentations.
Real Property Aug. 4, 1999
La Fe Inc. v. Los Angeles County
Under the California Coastal Commission Act, a lot-line adjustment may be construed to mean 'development' within the meaning of the Act.
Real Property Aug. 4, 1999
Conway v. Imperial Beach
City need not obtain Coastal Commission approval of interim ordinance before implementing zoning changes.
Real Property Aug. 3, 1999
Greening v. Johnson
Mobilehome Residency Law doesn't authorize park owner to charge residents for unwanted cable television system.
Real Property Jul. 30, 1999
Miscione v. Barton Development Co.
Obligations under commercial lease are not terminated by foreclosure due to attornment clause binding tenant.
Real Property Jul. 27, 1999
Stokes v. Board of Permit Appeals
No vested right to complete construction under building permits obtained by making false representations.
Real Property Jul. 27, 1999
U.S. v. Gardner
United States can regulate grazing on public lands ceded by Mexico before Nevada obtained statehood.
Real Property Jul. 27, 1999
Mohilef v. Janovici
Property owner isn't entitled to full due process in administrative proceeding to abate public nuisance.
Real Property Jul. 27, 1999
Torelli v. J.P. Enterprises Inc.
Parties' self-negotiation of sale after purchase contract expires doesn't end obligation to pay broker's commission.
Real Property Jul. 26, 1999
Reichardt v. Hoffman
Non-exclusive easement holder's conduct, preventing property owner from using easement, is not ground for extinguishment.
Real Property Jul. 26, 1999
Landgate Inc. v. California Coastal Commission
Coastal Commission's denial of permit temporarily depriving owner of economically viable use of land is taking.
Real Property Jul. 20, 1999
L.C. Rudd & Son Inc. v. Superior Court (Krystal)
Low allocation of settlement proceeds to defects for which nonsettling defendant could be liable is improper.
Real Property Jul. 18, 1999
Western Security Bank N.A. v. Superior Court (Beverly Hills Business Bank)
Standby letters of credit supporting loan secured by real property are not extinguished by foreclosure.
Real Property Jul. 18, 1999