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Robinson v. Grossman
Statute doesn't require brokers to independently verify or disclaim seller's representations regarding property defects.
Real Property Jun. 12, 1999
Dorn v. Solomon
Wife cannot defeat joint tenancy before death and husband gets full title to property.
Real Property Jun. 12, 1999
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
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
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
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
Hall v. Butte Home Health Inc.
Restrictive covenant prohibiting group home for disabled is unenforceable.
Real Property Jun. 7, 1999
Barrett v. Dawson
Amendment to statute declaring restrictive covenants void is applied retroactively.
Real Property Jun. 7, 1999
Lechuza Villas West v. California Coastal Commission
Property owner doesn't establish development right absent establishment of location of legal boundary.
Real Property Jun. 6, 1999
Pagano v. Krohn
Agent's disclosure regarding water intrusion on property is sufficient to satisfy duty to disclose.
Real Property Jun. 6, 1999
West v. California Coastal Commission
Property owner doesn't establish development right absent establishment of location of legal boundary.
Real Property Jun. 6, 1999
Mount Olympus Property Owners Association Inc. v. Shpirt
No attorney fees are awarded for property restrictions violations absent common areas between properties.
Real Property Jun. 4, 1999
McDowell v. Watson
No award of attorney fees when relief sought is essentially injunctive in nature.
Real Property Jun. 4, 1999
Teaman v. Wilkinson
Creditors cannot force sale of homestead to satisfy judgment lien if surplus equity later accrues.
Real Property Jun. 4, 1999
Milagra Ridge Partners Ltd. v. City of Pacifica
Claim fails under ripeness doctrine when zoning designations leave property use speculative.
Real Property Jun. 4, 1999
Kaplan v. Coldwell Banker Residential Affiliates Inc.
Coldwell Banker isn't liable for acts or omissions of broker who independently owned and operated franchise.
Real Property Jun. 3, 1999
City of Lake Elsinore v. Ranel Development Co.
Court errs by dismissing eminent domain claim after city fails to adopt resolution of necessity.
Real Property Jun. 3, 1999
Leisnoi Inc. v. United States of America
Where Government conveys land to Native village corporation, district court lacks initial subject matter jurisdiction to hear quiet title action.
Real Property Jun. 3, 1999
Langer v. Redevelopment Agency of the City of Santa Cruz
Government agency isn't liable for inverse condemnation where it did not take properties by actual condemnation or its substantial equivalent.
Real Property Jun. 3, 1999
Mount Olympus Property Owners Association, Inc. v. Shpirt
No attorney fees are awarded for property restrictions violations absent common areas between properties.
Real Property Jun. 3, 1999
Lake Cadena Investments LTD. v. City of Colton
City's rent stabilization ordinance is pre-empted by Mobilehome Residency Law.
Real Property Jun. 3, 1999
Blanchard v. Show Low Planning and Zoning Commission
Rezoning is valid even though public hearing and approval occurs before the land is annexed.
Real Property May 28, 1999
Citizens For Open Access to Sand and Tide Inc. v. Seadrift Association
Action for implied dedication of public recreational easement is barred by doctrine of res judicata.
Real Property May 27, 1999
First Presbyterian Church of Berkeley v. City of Berkeley
Ellis Act pre-empts municipal regulations regarding landlord's ability to demolish residential property but not environmental regulations.
Real Property May 26, 1999
Lambert v. City and County of San Francisco
City's denial of permit to convert residential hotel units to tourist units doesn't effect a 'taking'.
Real Property May 26, 1999
Swiss Property Management Co. Inc. v. Southern California IBEW-NECA Pension Plan
California Land Title Association form subordination agreement gives lender's deed of trust priority over seller's deed.
Real Property May 26, 1999
Ching v. San Francisco Board of Permit Appeals (Harsch Investment Corp.)
Appeal of conditional use permit based on conflict of interest by Board member is untimely.
Real Property May 26, 1999
City of Lake Elsinore v. Ranel Development Co.
City's failure to adopt resolution of necessity in eminent domain action doesn't necessitate dismissal.
Real Property May 26, 1999
First Presbyterian Church of Berkeley v. City of Berkeley
Ellis Act pre-empts municipal regulations regarding landlord's ability to demolish residential property but not environmental regulations.
Real Property May 26, 1999
Lake Cadena Investments Ltd. v. City of Colton
City's rent stabilization ordinance is pre-empted by Mobilehome Residency Law.
Real Property May 26, 1999