Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B290755
|
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 |
|
D. Perluss | Jan. 23, 2020 |
A152827
|
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 |
|
M. Miller | Dec. 18, 2019 |
B285489
|
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 |
|
F. Rothschild | Dec. 6, 2019 |
B292905
|
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 |
|
K. Yegan | Nov. 25, 2019 |
A154759
|
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 |
|
A. Tucher | Oct. 29, 2019 |
B293301
|
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 |
|
L. Rubin | Oct. 11, 2019 |
B288905
|
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 |
|
J. Wiley | Oct. 9, 2019 |
E069070
|
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 |
|
R. Fields | Oct. 3, 2019 |
G056741
|
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 |
|
R. Ikola | Sep. 17, 2019 |
A151825
|
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 |
|
G. Sanchez | Sep. 17, 2019 |
B286354
|
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 |
|
S. Perren | Sep. 11, 2019 |
D073744
|
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 |
|
T. O'Rourke | Aug. 23, 2019 |
S243247
|
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 |
|
M. Cuéllar | Aug. 16, 2019 |
18-35616
|
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 |
|
B. Rothstein | Aug. 15, 2019 |
B283986
|
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 |
|
E. Grimes | Aug. 2, 2019 |
D073744
|
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 |
|
T. O'Rourke | Jul. 29, 2019 |
B278271
|
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 |
|
D. Perluss | Jun. 25, 2019 |
A152549
|
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 |
|
M. Simons | Jun. 19, 2019 |
H044905
|
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 |
|
A. Grover | Jun. 4, 2019 |
S243294
|
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 |
|
G. Liu | May 7, 2019 |
A152827
|
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 |
|
M. Miller | May 6, 2019 |
A152827
|
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 |
|
M. Miller | May 2, 2019 |
B295140
|
Chun v. Del Cid
A property does not qualify as a single-family exemption under LAMC Section 12.03 if it does not fit the meaning of a detached dwelling and contains more than one dwelling unit. |
Real Property |
|
T. Willhite | Apr. 29, 2019 |
B278254
|
York v. City of Los Angeles
Trial court did not abuse its discretion in denying plaintiffs' mandate petition because denial of grading request did not preclude plaintiffs from submitting another, more modest, development proposal. |
Real Property |
|
L. Edmon | Apr. 8, 2019 |
A150002
|
Point San Pedro Road Coalition v. County of Marin
Marin County's approval of Resolution No. 2015-108 unlawfully extended or enlarged San Rafael Rock Quarry Inc.'s nonconforming use, violating Marin County Code Section 22.122.010.A and the County's zoning ordinance. |
Real Property |
|
I. Petrou | Apr. 5, 2019 |
B284374
|
Shoen v. Zacarias
Trial court's grant of an irrevocable license was an abuse of discretion because the court construed the 'substantial expenditure' requirement too permissively; thus, grant of irrevocable license reversed. |
Real Property |
|
B. Hoffstadt | Apr. 5, 2019 |
17-15796
|
Bank of America v. Arlington West Twilight HOA
A private lender can preserve its first deed of trust on a property and help homeowners explore alternatives to foreclosure by paying off the superpriority portion of the homeowners Association Lien. |
Real Property |
|
P. Curiam (9th Cir.) | Apr. 4, 2019 |
D073378
|
JPMorgan Chase Bank, N.A. v. Ward
Although defendant did not indicate his signing capacity, deed of trust conveyed good title to property; thus, judgment was reversed. |
Real Property |
|
W. Dato | Apr. 1, 2019 |
D071849
|
Bevis v. Terrace View Partners, LP
If no rent control ordinance applies to a property, its owner generally cannot be held civilly liable for charging rent or increasing rent expressly allowed under the parties' lease agreement. |
Real Property |
|
J. McConnell | Mar. 25, 2019 |
17-1307
|
Obduskey v. McCarthy & Holthus LLP
Law firm engaged in no more than nonjudicial foreclosure proceedings is not a 'debt collector' under Fair Debt Collection Practices Act; thus, act's other requirements did not apply. |
Real Property |
|
S. Breyer | Mar. 21, 2019 |