Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
S070296
|
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 | |
E019638
|
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 | |
G022029
|
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 | |
C026817
|
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 | |
G018485
|
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 | |
B118282
|
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 | |
F027661
|
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 | |
B108968
|
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 | |
97-0229
|
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 | |
E019044
|
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 | |
98-0025
|
Town of Miami v. City of Globe
Statutory contiguity requirement for annexing land requires strict, rather than substantial, compliance. |
Real Property |
|
Mar. 25, 1999 | |
97-0050
|
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 | |
S055144
|
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 | |
97-3352 and 97-3367
|
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 | |
F023910
|
County of Fresno v. Shelton
County may condemn easement if acquisition of neighboring property for public use is underway. |
Real Property |
|
Mar. 22, 1999 | |
F023910
|
County of Fresno v. Shelton
County may condemn easement if acquisition of neighboring property for public use is underway. |
Real Property |
|
Mar. 18, 1999 | |
93-56640, 94-55070 and 97-56338
|
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 | |
S071716
|
Leeds v. Alpha Beta Co. Inc.
Tenant has implied obligation to continue operating supermarket if guaranteed minimum rent isn't 'substantial.' |
Real Property |
|
Mar. 17, 1999 | |
D031345
|
Losornio v. Motta
Notice period that is condition precedent to unlawful detainer isn't extended by use of 'post and mail' service. |
Real Property |
|
Mar. 15, 1999 | |
D031287
|
Clayton v. Superior Court (City of San Diego)
Condemnee's right to change venue isn't waived when deposit of probable compensation is withdrawn. |
Real Property |
|
Mar. 12, 1999 | |
B118524
|
Malibu Mountains Recreation Inc. v. County of Los Angeles
Independent judgment standard governs judicial review of decision to revoke conditional use permit. |
Real Property |
|
Mar. 12, 1999 | |
G021015
|
Prudential Home Mortgage Co. v. Superior Court (Diaz)
Statutory forfeiture for failure to record reconveyance of deed of trust has one-year statute of limitations. |
Real Property |
|
Mar. 11, 1999 | |
G021233 & G021948
|
Cunningham v. Superior Court (Fountain Valley Chateau Blanc Management Assn.)
Jury may find that homeowners' association didn't act reasonably in ordering resident to clean his unit. |
Real Property |
|
Mar. 11, 1999 | |
G021015 and G021016
|
Prudential Home Mortgage Co. v. Superior Court (Diaz)
Statutory forfeiture for failure to record reconveyance of deed of trust has one-year statute of limitations. |
Real Property |
|
Mar. 11, 1999 | |
D031345
|
Losornio v. Motta
Notice period that is condition precedent to unlawful detainer isn't extended by use of 'post and mail' service. |
Real Property |
|
Mar. 11, 1999 | |
C027262
|
Roth v. Malson
Qualified response to counteroffer in real estate transaction doesn't constitute formation of a contract. |
Real Property |
|
Mar. 11, 1999 | |
D031345
|
Losornio v. Motta
Notice period that is condition precedent to unlawful detainer isn't extended by use of 'post and mail' service. |
Real Property |
|
Mar. 11, 1999 | |
97-16432
|
Maricopa-Stanfield Irrigation and Drainage District v. United States of America
Incidental beneficiaries of act of Congress granting water rights can't sue over later act reallocating rights. |
Real Property |
|
Mar. 11, 1999 | |
96-56188
|
Grand Avenue Partners v. Goodan
Assignment of leasehold in ground lease isn't enforceable as novation where assignee obligated to original lease. |
Real Property |
|
Mar. 2, 1999 | |
B081544
|
Buckley v. California Coastal Commission
California Coastal Commission relinquishes jurisdiction of residential lot by designating it within single-family residence construction area. |
Real Property |
|
Mar. 1, 1999 |