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Campbell v. Alger
Public entity's involuntary taking by condemnation doesn't trigger private contractual right of first refusal.
Real Property May 6, 1999
Lombardo v. Albu
Real estate agent doesn't have duty to sellers to disclose buyers' financial condition.
Real Property May 5, 1999
Teachers Insurance & Annuity Association v. Furlotti
For mandatory preliminary injunction to issue, petitioning party must demonstrate reasonable probability of prevailing on merits at trial.
Real Property Apr. 28, 1999
Basic Modular Facilities Inc. v. Ehsanipour
Plaintiff is entitled to recover actual amount owed on property under mechanics' lien statute.
Real Property Apr. 28, 1999
Aranki v. RKP Investments Inc.
Form contract exculpatory clause doesn't immunize home buyers' agents from liability absent proof of discussion or negotiation thereon.
Real Property Apr. 23, 1999
65 Butterfield v. Chicago Title Insurance Co.
Limitation period for title insurance claim accrues upon discovery of facts adverse to title.
Real Property Apr. 21, 1999
Schmitt v. Tri Counties Bank
Judgment on mechanic's lien action in favor of site improver against bank as successor in interest to construction lender and developer, is proper.
Real Property Apr. 21, 1999
Smith v. James A. Merrill Inc.
Recorded homestead declaration affects amount of judgment lien based on later-recorded abstract of judgment.
Real Property Apr. 19, 1999
Guardian Savings and Loan Assn. v. MD Associates
California anti-deficiency statute doesn't protect Texas domiciliaries who chose Texas law for transactions.
Real Property Apr. 19, 1999
Birman v. Loeb
Set-off against unsecured deficiency of debt owed by creditor contravenes policy underlying anti-deficiency laws.
Real Property Apr. 14, 1999
Odello Brothers v. County of Monterey
Emergency exception doesn't shield county from inverse condemnation liability for deliberately breaching levee.
Real Property Apr. 14, 1999
Rich v. Schwab
Victims of retaliatory rent increase may recover punitive damages without regard to landlord's net worth.
Real Property Apr. 14, 1999
Leeds v. Alpha Beta Co.
Tenant has implied obligation to continue operating supermarket if guaranteed minimum rent isn't 'substantial.'
Real Property Apr. 14, 1999
Odello Brothers v. County of Monterey
Emergency exception doesn't shield county from inverse condemnation liability for deliberately breaching levee.
Real Property Apr. 14, 1999
Rich v. Schwab
Victims of retaliatory rent increase may recover punitive damages without regard to landlord's net worth.
Real Property Apr. 14, 1999
11601 Wilshire Associates v. Grebow
Landlord has no cause of action against wife simply because husband guaranteed tenant's performance under lease.
Real Property Apr. 14, 1999
San Remo Hotel v. City and County of San Francisco
Federal court considering 'taking' claim must abstain because determinative state law issues remain unclear.
Real Property Apr. 14, 1999
Southern Pacific Thrift & Loan Association v. Savings Association Mortgage Co.
Loan agreement using 'trustee' and 'independent contractor' language doesn't automatically result in fiduciary duty.
Real Property Apr. 14, 1999
City of Palm Springs v. Living Desert Reserve
Forfeiture language in deed manifests intent to create fee simple subject to condition subsequent rather than charitable trust.
Real Property Apr. 14, 1999
Baldwin v. City of Los Angeles (Habitat for Humanity, Harbor Area/Long Beach, CA Inc.)
No unconditional acceptance of donation deed when parties continue to negotiate terms of dedication.
Real Property Apr. 14, 1999
Aas v. Superior Court (The William Lyon Co.)
Homeowners can't claim pure economic loss damages or market 'stigma' damages in construction defect suit.
Real Property Apr. 13, 1999
Luther Burbank Savings and Loan Assn. v. Community Construction Inc.
Unpaid tax lien is considered when calculating property's fair value for deficiency judgment purposes.
Real Property Apr. 13, 1999
Frangipani v. Boecker
Judgment reimbursing party for debt incurred voluntarily violates anti-deficiency laws.
Real Property Apr. 13, 1999
Rainbow Disposal Co. v. Mobilehome Park Rental Review Board (City of Escondido)
Mobilehome park rent review board's rent increase order is supported by substantial evidence.
Real Property Apr. 12, 1999
Melikian v. Aquila, Ltd. (Bartlett)
In partition sale, broker procuring offer that is bettered at confirmation hearing is entitled to share in commission.
Real Property Apr. 11, 1999
Stevenson v. Baum
Seller satisfies disclosure obligation by specifying in contract that transfer is subject to easements of record.
Real Property Apr. 11, 1999
Haik v. Town of Alta
Order
Real Property Apr. 6, 1999
Maricopa-Stanfield Irrigation and Drainage District v. United States
Incidental beneficiaries of act of Congress granting water rights can't sue over later act reallocating rights.
Real Property Apr. 5, 1999
City of San Diego v. Sobke
Expert testimony based solely on increased expenses following condemnation doesn't establish loss of goodwill.
Real Property Apr. 5, 1999
San Mateo Community College District v. Half Moon Bay Limited Partnership
Determinable term of oil and gas lease isn't extended by force majeure clause.
Real Property Apr. 5, 1999