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SLPR, L.L.C. v. San Diego Unified Port District
Plaintiffs' claims were barred because overwhelming extrinsic evidence clarified previous judgment fixing boundaries between private and public lands. 		Real Property 4DCA/1 May 27, 2020
Zieve, Brodnax & Steele, LLP v. Dhindsa
Owner of unencumbered 25 percent interest in property was entitled to a proportionate share of surplus proceeds. 		Real Property 5DCA May 15, 2020
Modesto Irrigation Dist. v. Tanaka
Conveyance to defendant's great-grandfather conveyed riparian rights; thus, she had the rights to divert water from river. 		Real Property 3DCA May 11, 2020
Ruiz v. County of San Diego
Use of private land for public purposes alone was not enough to constitute implied acceptance of drainage easement. 		Real Property 4DCA/1 Apr. 8, 2020
Matson v. S.B.S. Trust Deed Network
A party is not entitled to rescission of nonjudicial foreclosure sale absent evidence of irregularity, fraud or unfairness in nonjudicial foreclosure notice and sale proceedings. 		Real Property 4DCA/1 Mar. 9, 2020
Constellation-F, LLC v. World Trading 23, Inc.
Holdover rent provision was not a penalty that was void under Civil Code Section 1671 because graduated rentals are not damages, but are the rate for leasing property. 		Real Property 2DCA/8 Feb. 11, 2020
Aldea Dos Vientos v. CalAtlantic Group, Inc.
A covenant, code, or restriction that mandates 51 percent of homeowner association members vote to arbitrate construction defect claims prior to initiating litigation is contrary to public policy and thus unenforceable. 		Real Property 2DCA/6 Feb. 7, 2020
Calvary Chapel Bible Fellowship v. County of Riverside
Riverside County did not violate the Religious Land Use and Institutionalized Person's Act's equal terms provision because it prohibited both religious and secular institutions from staging events without charging a fee. 		Real Property 9th Feb. 5, 2020
Gamerberg v. 3000 E. 11th Street, LLC
An irrevocable license is not binding on a subsequent purchaser of land who takes without notice. 		Real Property 2DCA/7 Jan. 23, 2020
Taniguchi v. Restoration Homes LLC
Civil Code Section 2953's anti-waiver rule prevents a lender from forcing a borrower to contract away their statutory right to cure a mortgage default under Section 2924c. 		Real Property 1DCA/2 Dec. 18, 2019
Canyon View Ltd. v. Lakeview Loan Servicing, LLC
Mobilehome Residency Law addresses right of purchaser at MRL-regulated abandonment sale to take title free and clear of liens; thus, plaintiff's actions arose out of MRL and plaintiff was entitled to attorney fees. 		Real Property 2DCA/1 Dec. 6, 2019
Leiper v. Gallegos
Appellant was the surface owner to property but he did not own an interest in the oil and gas; thus, trial court's quiet title judgment was affirmed. 		Real Property 2DCA/6 Nov. 25, 2019
Denham, LLC v. City of Richmond
Under Government Code Section 65754, when an ordinance conflicts with the general plan of a city, the city should be permitted to correct the conflict. 		Real Property 1DCA/4 Oct. 29, 2019
Greene v. California Coastal Commission
Under 'Sinaiko v. Superior Court,' general objections will not satisfy the requirement that all administrative remedies must be exhausted before the court must act. 		Real Property 2DCA/5 Oct. 11, 2019
Myles v. Pennymac Loan Services
It is not enough for a homeowner to allege a mortgage assignment was voidable. The homeowner must provide facts supporting why the assignment is void as a matter of law. 		Real Property 2DCA/8 Oct. 9, 2019
Tesoro Logistic Operations, LLC v. City of Rialto
A tax that taxes the ownership of a facility's storage tanks regardless of whether the tanks are used is a real property tax, not a business license tax. 		Real Property 4DCA/2 Oct. 3, 2019
City of Dana Point v. New Method Wellness, Inc.
Unlicensed properties operating as drug treatment facilities violated City's zoning ordinance and constituted a public nuisance, warranting issuance of a permanent injunction. 		Real Property 4DCA/3 Sep. 17, 2019
Reynolds v. Lau
Under San Francisco Residential Rent Stabilization and Arbitration Ordinance Section 37.9, a landlord may evict a tenant to occupy that unit so long as it is done in good faith. 		Real Property 1DCA/1 Sep. 17, 2019
Southern Cal. Edison Co. v. Severns
Based on language in conveyances, plaintiff was granted 'floating easements' over property to access its electrical facilities which became 'fixed' easements due to history of use. 		Real Property 2DCA/6 Sep. 11, 2019
Modification: Cleveland Nat. Forest Foundation v. County of San Diego
County Board did not properly consider the connection between residential and agricultural uses as required by Subdivision Map Act Section 66474.4 and the Williamson Act. 		Real Property 4DCA/1 Aug. 23, 2019
City of Oroville v. Superior Court
City of Oroville not liable in inverse condemnation because sewage backup was not unavoidable consequence of risk posed by the sewer system and plaintiffs lacked a legally required backwater valve. 		Real Property CASC Aug. 16, 2019
Barnes v. Chase Home Finance
Plaintiff's loan was a residential mortgage transaction, without right of rescission, because he used the money to pay a property division judgment and his ex-wife's outstanding loan balance, thus reacquiring property. 		Real Property 9th Aug. 15, 2019
Ranch at the Falls LLC v. O'Neal
Trial court erroneously entered quiet title judgment despite plaintiff's failure to join indispensable parties to the litigation, and plaintiff's express, prescriptive and equitable easement claims failed. 		Real Property 2DCA/8 Aug. 2, 2019
Cleveland Nat. Forest Foundation v. County of San Diego
County Board did not properly consider the connection between residential and agricultural uses as required by Subdivision Map Act Section 66474.4 and the Williamson Act. 		Real Property 4DCA/1 Jul. 29, 2019
Eisen v. Tavangarian
Under California law, a landowner has no right to an unobstructed view, which includes any obstructions that may be caused by new improvements to neighboring property. 		Real Property 2DCA/7 Jun. 25, 2019
Raney v. Cerkueira
Automatic restraining order pursuant to Family Code Section 2040 allows elimination of right of survivorship but notice is required, so spouse could file or serve notice of severance before or after recording. 		Real Property 1DCA/5 Jun. 19, 2019
Longview International Inc. v. Stirling
Recording of abstract of judgment while corporation was suspended is a procedural matter which was retroactively validated when its corporate powers were restored. 		Real Property 6DCA Jun. 4, 2019
Black Sky Capital, LLC v. Cobb
Code of Civil Procedure Section 580d did not preclude creditor holding two deeds of trust on same property from recovering deficiency judgment on junior lien extinguished by nonjudicial foreclosure sale on the senior. 		Real Property CASC May 7, 2019
Modification: Taniguchi v. Restoration Homes
Under Civil Code Section 2924c, borrower can cure default of loan and reinstate loan by paying amount of the default, including fees and costs, rather than entire accelerated balance; thus, summary judgment reversed. 		Real Property 1DCA/2 May 6, 2019
Taniguchi v. Restoration Homes
Under Civil Code Section 2924c, borrower can cure default of loan and reinstate loan by paying amount of the default, including fees and costs, rather than entire accelerated balance; thus, summary judgment reversed. 		Real Property 1DCA/2 May 2, 2019
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