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R.T. Vanderbilt Co. v. Babbitt
Equitable title to mining claim doesn't vest until Interior Secretary confirms patent and accepts tender.
Real Property Jun. 28, 1999
People ex rel. Dept. of Transportation v. Leslie
Measure of damages of condemned property holding two interdependent businesses is combined loss of goodwill.
Real Property Jun. 28, 1999
Flahive v. City of Dana Point
Commissioner can issue abatement warrant when party adversely affected by it appears and stipulates to have commissioner hear the matter.
Real Property Jun. 28, 1999
Cooper v. Cano
Quitclaim deed releasing beneficiary's interest in a deed of trust is valid under California law.
Real Property Jun. 28, 1999
DeBerard Properties Ltd. v. Lim
After a purchase money land sale, purchaser can't contractually waive protection against deficiency judgment in order to obtain new consideration.
Real Property Jun. 28, 1999
Onofrio v. Rice
Court's finding defendant acted as real estate broker doesn't exempt him from statutes governing financial consultants.
Real Property Jun. 26, 1999
Padgett v. Phariss
Realtor has no duty to inquire of homeowners' association whether property has construction defects.
Real Property Jun. 26, 1999
Bunch v. Coachella Valley Water
Public entity isn't liable for flood damage resulting from failed flood control facilities reasonably maintained.
Real Property Jun. 26, 1999
Schumacher v. Worcester
Time to file bond foreclosure complaint is extended for length of debtor's bankruptcy.
Real Property Jun. 26, 1999
Community Redevelopment Agency of The City of Hawthorne v. Force Electronics
Condemnee can choose to allow installment payments on eminent domain taking or get property back.
Real Property Jun. 26, 1999
Fleck v. Bollinger Home Corp. Inc.
Builder can assign its cross-complaint against developer to homeowner suing for damages caused by subsidence.
Real Property Jun. 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 Jun. 26, 1999
Countrywide Home Loans Inc. v. Superior Court (Clance)
Alternative writ improvidently granted, regarding foreclosure notice, can be rescinded without opinion or oral argument.
Real Property Jun. 26, 1999
Pacific Preferred Properties v. Moss
Prevailing party in litigation suit can enforce attorney fees provision in real estate contract against broker.
Real Property Jun. 24, 1999
Ventura County Flood Control District v. Campbell
In determining just compensation for property in eminent domain action, court must look at value of both above and below ground uses.
Real Property Jun. 24, 1999
Campbell v. Alger
Public entity's involuntary taking by condemnation doesn't trigger private contractual right of first refusal.
Real Property Jun. 24, 1999
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
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
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
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
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
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
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
Conley v. Matthes
Deficiency action is barred when substance of transaction constitutes a purchase money transaction.
Real Property Jun. 20, 1999
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
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
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
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
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
Leonard v. People
Rerouting traffic by moving freeway off-ramp doesn't require compensation for loss of benefit.
Real Property Jun. 15, 1999