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Name Category Published
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
Lamden v. La Jolla Shores Clubdominium Homeowners Association
Homeowners association's repair decisions must be determined under objective standard, not business judgment rule. 		Real Property Apr. 2, 1999
Barthelemy v. Orange County Flood Control District
Damages for unreasonable precondemnation activity exclude cost of acquiring new location to mitigate goodwill loss. 		Real Property Apr. 2, 1999
Foothills Townhome Assn. v. P.M.C. Trust Estate
Defendant doesn't show suit to collect homeowners' assessment was filed to chill his First Amendment rights. 		Real Property Apr. 2, 1999
Kirkpatrick v. Westamerica Bank
One action rule doesn't preclude foreclosure where lender amends complaint seeking other relief before trial. 		Real Property Apr. 1, 1999
11382 Beach Partnership v. Libaw
Written lease cancellation provision prevails over lessor's option to extend after fire destroys premises. 		Real Property Mar. 29, 1999
Carson Harbor Village Ltd. v. City of Carson Mobilehome Park Rental Review Board
Administrative record reflects substantial evidence to support rent increase approved by Mobilehome Park Rental Review Board. 		Real Property Mar. 29, 1999
Gault v. Erickson
Purchaser of real property can void sale if seller violates Subdivision Map Act or subsequent certificate of compliance. 		Real Property Mar. 29, 1999
Principal Mutual Life Insurance Co. v. Vars, Pave, McCord & Freedman
Attornment clause creating new lease upon property transfer by foreclosure is enforceable. 		Real Property Mar. 29, 1999
Mehlhorn v. Pima County
Trial court exceeds authority in ordering rezoning ordinance enactment if legislative decision to not rezone isn't arbitrary. 		Real Property Mar. 26, 1999
Diamond Benefits Life Insurance Co. v. Troll
Easement holder not named in foreclosure action isn't bound, and has redemption right following later action. 		Real Property Mar. 26, 1999
Town of Miami v. City of Globe
Statutory contiguity requirement for annexing land requires strict, rather than substantial, compliance. 		Real Property Mar. 25, 1999
De Alfy Properties v. Pima County
Limitations period in inverse condemnation action involving property owner's right of access begins when access is cut off or substantially impaired. 		Real Property Mar. 25, 1999
Quemaline Co. v. Stewart Title Guaranty Co.
Title insurers need not issue title insurance against their better judgment on particular land parcels. 		Real Property Mar. 24, 1999
Beck v. Northern Natural Gas Co.
Although jury properly finds trespass, landowner only gets single recovery based on fair rental value. 		Real Property Mar. 23, 1999
County of Fresno v. Shelton
County may condemn easement if acquisition of neighboring property for public use is underway. 		Real Property Mar. 22, 1999
County of Fresno v. Shelton
County may condemn easement if acquisition of neighboring property for public use is underway. 		Real Property Mar. 18, 1999
Citicorp Real Estate Inc. v. Smith
Fair value is properly based on date of foreclosure sale, not date of execution of promissory notes. 		Real Property Mar. 18, 1999
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