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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Alternative writ improvidently granted, regarding foreclosure notice, can be rescinded without opinion or oral argument.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
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
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
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
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
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
Dorn v. Solomon
Wife cannot defeat joint tenancy before death and husband gets full title to property.
Real Property Jun. 12, 1999
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
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