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BGJ Associates LLC v. Superior Court (M2B2 LLC)
Expunged lis pendens notice regarding constructive trust of disputed real property is proper where money damages are available.
Real Property Dec. 1, 1999
Wilkinson v. Gaffney
Respondent in condemnation action entitled to attorney fees only to the extent necessary to defend against unauthorized claims.
Real Property Nov. 19, 1999
B. Wills, C.P.A., Inc. v. Public Service Company of Oklahoma
Order
Real Property Nov. 19, 1999
Wollan v. United States Department of Interior
Order
Real Property Nov. 18, 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. e
Real Property Nov. 16, 1999
Van Wyk v. Public Service Company of Colorado
Regulatory approval of transmission line does not preclude the assertion of claims based on inverse condemnation in the district court.
Real Property Nov. 16, 1999
Property Asset Brokerage LLC v. Magna Associates Liquidating Trust
Brokerage agreement not terminated on anniversary date where performance is not completed by broker.
Real Property Nov. 10, 1999
Highland Meadow Estates at Castle Peak Ranch Inc. v. Buick
Covenants limiting construction to single-family residences also prohibits building of roads having no connection to those residences.
Real Property Nov. 9, 1999
Jimerson v. First American Title Ins. Co.
Seller not protected by title insurance against subsequent claims brought by other interested parties.
Real Property Nov. 4, 1999
Merrick & Company v. Estate of Verzuh
Summary judgment denying mechanic's lien improper where issues of fact remain.
Real Property Nov. 4, 1999
Eason v. The Town of Erie
Semi-trailer used for storage not subject to building permit requirement.
Real Property Nov. 4, 1999
Westar Holdings Partnership v. Reece
Trial court is required to hold a hearing to determine whether the filing of a notice of lis pendens is spurious.
Real Property Nov. 4, 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 Oct. 22, 1999
Brown v. Boren
Seller, who subordinated her trust deed to private lender's, must base suit for reordering priorities on contract theories.
Real Property Oct. 22, 1999
Kurtz v. Calvo
Anti-deficiency statute applies only when purchase money note is secured by trust deed on purchased property, not on unrelated property.
Real Property Oct. 22, 1999
Mills Land & Water Co. v. City of Huntington Beach
City's 20-year delay in developing a land use plan could constitute a taking of property.
Real Property Oct. 22, 1999
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