| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B099824
|
Tully v. World Savings & Loan Assoc.
Acceptance of outstanding loan payment raises factual issue of bank's agreement to terminate pending foreclosure. |
Real Property |
|
Jun. 23, 1999 | |
|
A075553
|
152 Valparaiso Associates v. City of Cotati
Rent control law denying property owners a fair return on investments is unconstitutional. |
Real Property |
|
Jun. 23, 1999 | |
|
E017776
|
People ex rel. Lungren v. Community Redevelopment Agency For The City Of Palm Springs
Dismissal for failure to join Indian tribe as indispensable party is error. |
Real Property |
|
Jun. 23, 1999 | |
|
S051847
|
Kavanau v. Santa Monica Rent Control Board
Rent board's rent increase limitation violates landowner's due process rights but doesn't constitute taking. |
Real Property |
|
Jun. 23, 1999 | |
|
B101290
|
Sego v. Santa Monica Rent Control Board
City's rent control board is statutorily required to issue permissive rent certificate in landlord/tenant dispute. |
Real Property |
|
Jun. 22, 1999 | |
|
S052569
|
Akins v. State of California
Reasonableness test inapplicable if flooding is caused by governmental flood control works intentionally diverting water. |
Real Property |
|
Jun. 21, 1999 | |
|
96-0171
|
C.R. of Rialto Inc. v. City of Rialto
Ordinances preventing adult oriented business from locating within city limits are unconstitutional. |
Real Property |
|
Jun. 20, 1999 | |
|
B102493
|
Conley v. Matthes
Deficiency action is barred when substance of transaction constitutes a purchase money transaction. |
Real Property |
|
Jun. 20, 1999 | |
|
G015266
|
Bank of America v. Insurance Commissioner of the State of California
Bank cannot collect on bonds covering real property after making a full credit bid at foreclosure. |
Real Property |
|
Jun. 17, 1999 | |
|
D023751
|
Field v. Century 21 Klowden-Forness Realty et al.
General statute of limitations for breach of fiduciary duty governs buyer's action against exclusive broker. |
Real Property |
|
Jun. 16, 1999 | |
|
D026338
|
Scott v. City of Del Mar
Removal of seawalls and patios encroaching on public beach, is not compensable under takings principles. |
Real Property |
|
Jun. 16, 1999 | |
|
B097482
|
Tsemetzin v. Coast Federal Savings and Loan Association
Termination of lease obligations of assignee has no legal impact on assignor's continuing lease obligations. |
Real Property |
|
Jun. 15, 1999 | |
|
A072255
|
Contra Costa Water District v. Vaquero Farms Inc.
Government can sever and reserve windpower rights to landowner after taking property by eminent domain. |
Real Property |
|
Jun. 15, 1999 | |
|
B106519
|
Leonard v. People
Rerouting traffic by moving freeway off-ramp doesn't require compensation for loss of benefit. |
Real Property |
|
Jun. 15, 1999 | |
|
D023751
|
Field v. Century 21 Klowden-Forness Realty
General statute of limitations for breach of fiduciary duty governs buyer's action against exclusive broker. |
Real Property |
|
Jun. 15, 1999 | |
|
95-35709
|
Macri v. King County
Claim for uncompensated taking by local zoning restriction isn't entitled to substantive due process clause relief. |
Real Property |
|
Jun. 14, 1999 | |
|
95-35709
|
Macri v. King County
Claim for uncompensated taking by local zoning restriction isn't entitled to substantive due process clause relief. |
Real Property |
|
Jun. 14, 1999 | |
|
B107510
|
Kaplan v. Coldwell Banker Residential Affiliates Inc.
Triable issues of facts exist precluding summary judgment against franchisor for acts of broker/franchisee. |
Real Property |
|
Jun. 14, 1999 | |
|
D026324
|
Yee v. Mobilehome Park Rental Review Board (City of Escondido)
Rent control is not a 'taking' unless it precludes all economically beneficial use of property. |
Real Property |
|
Jun. 14, 1999 | |
|
G017211
|
Dorn v. Solomon
Wife cannot defeat joint tenancy before death and husband gets full title to property. |
Real Property |
|
Jun. 12, 1999 | |
|
D023202
|
Federal National Mortgage Association v. Bugna (Kent)
Secured creditor only entitled to claim rents paid after creditor's post-default written demand for rent. |
Real Property |
|
Jun. 12, 1999 | |
|
E018126
|
Barer v. County of Riverside
Property taxes and tax liens are not eliminated by non-judicial foreclosure by senior lienholder. |
Real Property |
|
Jun. 12, 1999 | |
|
D020486
|
Robinson v. Grossman
Statute doesn't require brokers to independently verify or disclaim seller's representations regarding property defects. |
Real Property |
|
Jun. 12, 1999 | |
|
G017211
|
Dorn v. Solomon
Wife cannot defeat joint tenancy before death and husband gets full title to property. |
Real Property |
|
Jun. 12, 1999 | |
|
94-16041, 94-16142, 94-16143 and 94-16327
|
Richardson v. City and Council of Honolulu
Honolulu ordinance allowing condemnation of land to convert condominium leasehold interests to fee interests is upheld. |
Real Property |
|
Jun. 12, 1999 | |
|
S048396
|
Bickel v. City of Piedmont
Permit Streamlining Act doesn't prohibit development project applicant from waiving time limits for agency decision. |
Real Property |
|
Jun. 10, 1999 | |
|
B099081
|
Western Landscape Construction v. Bank of America National Trust and Savings Association
Subcontractor's submission of mechanic's lien release forms for progress payments doesn't waive right to retention payments. |
Real Property |
|
Jun. 10, 1999 | |
|
B101744
|
Davis v. Harris (Department of Real Estate)
Recovery for real estate agent's fraud from Real Estate Recovery Account is limited by agent's license. |
Real Property |
|
Jun. 8, 1999 | |
|
C023965
|
Hall v. Butte Home Health Inc.
Restrictive covenant prohibiting group home for disabled is unenforceable. |
Real Property |
|
Jun. 7, 1999 | |
|
G017070
|
Barrett v. Dawson
Amendment to statute declaring restrictive covenants void is applied retroactively. |
Real Property |
|
Jun. 7, 1999 |
For reprint rights or to purchase a copy of your Daily Journal photo, email jeremy@reprintpros.com for prices or call 949-702-5390. To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com