Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A078977
|
Marcus & Millichap Real Estate Investment Brokerage Company v. Hock Investment Company
Arbitration can't be compelled where purchase contract language indicates there isn't an agreement to arbitrate. |
Real Property |
|
Mar. 1, 1999 | |
A077708
|
Tusher v. Gabrielsen
Trial court properly imposed Preponderance of evidence standard of proof to establish existence of implied easement. |
Real Property |
|
Mar. 1, 1999 | |
F027349
|
Triple A Management Co. v. Frisone
Constructive knowledge is properly imputed to principal, since agent's disclosure is presumed. |
Real Property |
|
Feb. 26, 1999 | |
D026021
|
Roes v. Wong
Junior lienholders who pay off senior lienholders to avoid foreclosure are not protected by usury statutes. |
Real Property |
|
Feb. 26, 1999 | |
97-2140
|
Diamond Bar Cattle Co. v. U.S.
Grazing livestock on federal public land requires grazing permit despite ownership of vested water right. |
Real Property |
|
Feb. 24, 1999 | |
B119099
|
In re Marriage of Oropallo
Seeking nonjudicial trustee sale on property prevents later attempt to obtain deficiency judgment. |
Real Property |
|
Feb. 21, 1999 | |
B120486
|
Solit v. The Tokai Bank
A party's voluntary, gratuitous release of a lien doesn't impair the party's right to record a subsequent lien. |
Real Property |
|
Feb. 19, 1999 | |
98-6175
|
Debrow v. Evans
Order |
Real Property |
|
Feb. 3, 1999 | |
98-4008
|
Smith v. The Toronto-Dominion Bank
Order |
Real Property |
|
Feb. 1, 1999 | |
97-4188
|
U.S. v. 5M, Inc.
Order |
Real Property |
|
Jan. 28, 1999 | |
98-0323
|
Lindquist v. Hart
Mobile home parks' landlord isn't required to have good cause to terminate month-to-month tenancy. |
Real Property |
|
Dec. 29, 1998 | |
97CA0293
|
Rogers v. Westerman Farm Company
Lessees of oil and gas interests may deduct certain post-production costs before making royalty payments. |
Real Property |
|
Dec. 24, 1998 | |
97-4078
|
Mount Olivet Cemetery Association v. Salt Lake City
Congressional authorization of property for non-cemetery use doesn't preempt state zoning act. |
Real Property |
|
Dec. 15, 1998 | |
97SC100
|
Hall v. Walter
Treble damages proper against real estate agents who private driveway as access to other properties. |
Real Property |
|
Dec. 13, 1998 | |
97CA1625
|
McCormick v. Union Pacific Railroad Company
Reservation of "minerals" in deeds conveying surface rights included oil and gas rights. |
Real Property |
|
Dec. 10, 1998 | |
97CA1143
|
Beckhart v. HTS Properties
Right of redemption cannot be severed from property it serves. |
Real Property |
|
Nov. 26, 1998 | |
98-0010
|
Gfeller v. The Scottsdale Vista North Townhomes Association
Homeowners association has affirmative duty to enforce CC&Rs to prevent interference with drainage of rainwater. |
Real Property |
|
Nov. 24, 1998 | |
97CA1446
|
Tucker v. Wolfe
Double-wide mobile homes aren't precluded by deed restriction prohibiting trailer houses. |
Real Property |
|
Oct. 30, 1998 | |
97CA1385
|
Kunz v. Cycles West Inc.
Plaintiff entitled to recover costs of renovating commercial property to attract new tenant where lease provides for such payment. |
Real Property |
|
Oct. 16, 1998 | |
97CA1517
|
Carron v. Board and Cuonty Commissioners
Delineation process established by county for zoning purposes within the authority of the county. |
Real Property |
|
Oct. 16, 1998 | |
97-0402 and 98-0170
|
Paloma Investment Limited Partnership v. Jenkins
Water rights agreements are real property rights binding on successor owners of the real property. |
Real Property |
|
Oct. 14, 1998 | |
97SC529
|
Lazy Dog Ranch v. Telluray Ranch Corp.
Prior determination of easement's existence and dimensions doesn't create collateral estoppel concerning its use. |
Real Property |
|
Sep. 14, 1998 | |
97-0389
|
State of Arizona v. Wells Fargo Bank of Arizona
Condemnee doesn't have to show unique or special damages to collect severance damages. |
Real Property |
|
Aug. 26, 1998 | |
97-1330
|
Dakota Ridge Joint Venture v. City of Boulder
Order |
Real Property |
|
Aug. 24, 1998 | |
97CA0115
|
Pagosa Lakes Property Owners Assn. v. Caywood
Regulations adopted by homeowner's association valid under the Colorado Common Interest Ownership Act. |
Real Property |
|
Aug. 5, 1998 | |
97-3193
|
SBKC Service Corporation v. 1111 Prospect Partners
Order |
Real Property |
|
Jul. 30, 1998 | |
97CA0339
|
Bittersweet Farms Inc. v. Zimbelman
Owner of upstream property has a natural easement over downstream property for discharge of irrigation water. |
Real Property |
|
Jul. 22, 1998 | |
97-5023
|
Oral Roberts University v. Anderson
Order |
Real Property |
|
Jul. 17, 1998 | |
B084258
|
Quelimane Co. Inc. v. Stewart Title Guaranty Co.
Title insurers need not issue title insurance against their better judgment on particular land parcels. |
Real Property |
|
Jul. 15, 1998 | |
97CA1333
|
Lieff v. Medco Professional Services Corp.
Sale of business holding lease requires broker to hold real estate license despite no actual property transfer. |
Real Property |
|
Jul. 10, 1998 |