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Name Category Published
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
Gibson v. County of Riverside
State legislature can exempt county from statutory ban on 'seniors-only' zoning. 		Real Property May 26, 1999
Shapiro v. Sutherland
Property seller has common law and statutory obligation to make full disclosure of 'neighborhood noise problem.' 		Real Property May 26, 1999
Shapiro v. Sutherland
Home sellers may be liable to indirect purchasers for misrepresentation and failure to disclose material facts. 		Real Property May 26, 1999
United States v. Beggerly
Attack on settlement agreement quieting title in United States alleges no grave miscarriage of justice and is untimely. 		Real Property May 26, 1999
Akins v. The State of California
Reasonableness test inapplicable if governmental flood control works floods property not historically subject to flooding. 		Real Property May 25, 1999
Brown v. FSR Brokerage Inc.
Brokers are liable for damages when they breach fiduciary duties while representing both buyer and seller. 		Real Property May 25, 1999
First Fidelity Thrift & Loan Association v. Alliance Bank
Deed that is first of record, even though second in time, has priority. 		Real Property May 24, 1999
Nelson v. Gorian and Associates
Soil substance damage complaint is time-barred since lot's grading completed over 10 years before suit. 		Real Property May 21, 1999
Mead v. Sanwa Bank of California
Landowners' deed of trust in favor of developer's construction lender makes them surety but doesn't prevent foreclosure. 		Real Property May 21, 1999
Dodd v. Hood River County
Issues in state administrative and judicial proceedings preclude relief in parallel federal 'takings' claim. 		Real Property May 21, 1999
San Paolo U.S. Holding Co. v. 816 South Figueroa Co.
'Fair value' following judicial foreclosure isn't reduced by impact of foreclosure or right of redemption. 		Real Property May 21, 1999
Liontos v. County Sanitation Districts of Los Angeles County
Property owner can recover for impairment of access caused by public improvement work if impairment unnecessary. 		Real Property May 20, 1999
Hellweg v. Cassidy
Failure of assigned deed to include lot line adjustment doesn't preclude entitlement to additional property. 		Real Property May 20, 1999
Friery v. Sutter Buttes Savings Bank
Senior lienholders have no duty to junior lienholder who hasn't subordinated and has no special relationship. 		Real Property May 20, 1999
Paykar Construction Inc. v. Bedrosian
Creditor must apply for fair value determination on property sold pursuant to judicial foreclosure within three months of highest bid received at auction. 		Real Property May 20, 1999
City of Lake Elsinore v. Ranel Development Company
City's failure to adopt resolution of necessity in eminent domain action doesn't necessitate dismissal. 		Real Property May 19, 1999
Garneau v. City of Seattle
Evidence of economic impact is required even for facial claim of taking or unconstitutional exaction. 		Real Property May 12, 1999
Landgate Inc. v. California Coastal Commission
Permit delay resulting from agency's mistaken assertion of jurisdiction isn't a 'temporary taking' requiring compensation. 		Real Property May 11, 1999
14859 Moorpark Homeowner's Association v. VRT Corp.
Judicial partition pursuant to Civil Code Section 1359 is prerequisite to conveyance of condominium complex. 		Real Property May 6, 1999
Melikian v. Aquila Ltd.
In partition sale, broker procuring offer that is bettered at confirmation hearing is entitled to share in commission. 		Real Property May 6, 1999
Ohio Forestry Association Inc. v. Sierra Club
Challenge to forest management plan that requires detailed permit review isn't ripe for adjudication. 		Real Property May 6, 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 May 6, 1999
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