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Chun v. Del Cid
A property does not qualify as a single-family exemption under LAMC Section 12.03 if it does not fit the meaning of a detached dwelling and contains more than one dwelling unit.
Real Property 2DCA/4 Apr. 29, 2019
York v. City of Los Angeles
Trial court did not abuse its discretion in denying plaintiffs' mandate petition because denial of grading request did not preclude plaintiffs from submitting another, more modest, development proposal.
Real Property 2DCA/3 Apr. 8, 2019
Point San Pedro Road Coalition v. County of Marin
Marin County's approval of Resolution No. 2015-108 unlawfully extended or enlarged San Rafael Rock Quarry Inc.'s nonconforming use, violating Marin County Code Section 22.122.010.A and the County's zoning ordinance.
Real Property 1DCA/3 Apr. 5, 2019
Shoen v. Zacarias
Trial court's grant of an irrevocable license was an abuse of discretion because the court construed the 'substantial expenditure' requirement too permissively; thus, grant of irrevocable license reversed.
Real Property 2DCA/2 Apr. 5, 2019
Bank of America v. Arlington West Twilight HOA
A private lender can preserve its first deed of trust on a property and help homeowners explore alternatives to foreclosure by paying off the superpriority portion of the homeowners Association Lien.
Real Property 9th Apr. 4, 2019
JPMorgan Chase Bank, N.A. v. Ward
Although defendant did not indicate his signing capacity, deed of trust conveyed good title to property; thus, judgment was reversed.
Real Property 4DCA/1 Apr. 1, 2019
Bevis v. Terrace View Partners, LP
If no rent control ordinance applies to a property, its owner generally cannot be held civilly liable for charging rent or increasing rent expressly allowed under the parties' lease agreement.
Real Property 4DCA/1 Mar. 25, 2019
Obduskey v. McCarthy & Holthus LLP
Law firm engaged in no more than nonjudicial foreclosure proceedings is not a 'debt collector' under Fair Debt Collection Practices Act; thus, act's other requirements did not apply.
Real Property USSC Mar. 21, 2019
Citrus El Dorado v. Chicago Title Co.
Trustee's sale of real property following nonjudicial foreclosure is subject to tort liability only for the violation of duties established by the deed of trust and governing statutes; thus, defendant's demurrer properly sustained.
Real Property 4DCA/2 Mar. 7, 2019
City of Sierra Madre v. SunTrust Mortgage
Authorizing a super-priority lien to secure loan taken by receiver to fund remediation of defendants' property not abuse of discretion; receiver has broad powers under Code of Civil Procedure Section 568.
Real Property 2DCA/3 Feb. 28, 2019
Orchard Estate Homes v. Orchard Homeowners Alliance
Voter apathy not a required element to reduce the percentage of affirmative votes to adopt an amendment to the covenants, conditions, and restrictions of a planned development under Civil Code Section 4275.
Real Property 4DCA/2 Feb. 25, 2019
Ditzian v. Unger
Prescriptive easement allowing plaintiffs to access sand dunes via defendant's property not a public easement prohibited by Civil Code Section 1009 because it was a private prescriptive easement between neighboring landowners.
Real Property 1DCA/5 Jan. 28, 2019
Modification: Eith v. Ketelhut
Trial court properly deferred to Homeowners' Association Board's discretionary decision that defendants' operation of vineyard did not violate prohibition against business or commercial activity because it did not affect residential character.
Real Property 2DCA/6 Jan. 15, 2019
Smyth v. Berman
The general presumption is that a right of first refusal contained in a written lease expires when that leasehold ends and the tenant becomes a 'holdover' tenant; thus, dismissal affirmed.
Real Property 2DCA/2 Jan. 14, 2019
Eith v. Ketelhut
Trial court properly deferred to Homeowners' Association Board's discretionary decision that defendants' operation of vineyard did not violate prohibition against business or commercial activity because it did not affect residential character.
Real Property 2DCA/6 Dec. 19, 2018
Dr. Leevil, LLC v. Westlake Health Care Center
Before serving three-day notice to quit, party obtaining real property under power of sale contained in deed of trust must perfect title.
Real Property CASC Dec. 18, 2018
Durante v. Co. of Santa Clara
A property owner obtaining a change of title from tenancy-in-common to a life-estate, in the same property, results in a change of ownership for purposes of property value assessment.
Real Property 6DCA Dec. 4, 2018
Zissler v. Saville
As a matter of law an easement is not considered a general easement, limited to historical use, if drafted in general but unambiguous terms that are consistent with its purpose.
Real Property 2DCA/6 Nov. 30, 2018
Rasooly v. City of Oakley
Conflicting statutory language when determining the proper method for service of process cannot be interpreted in manner that creates an unreasonable and unintended result contrary to the legislative intent.
Real Property 1DCA/5 Nov. 26, 2018
Schmidt v. Citibank, N.A.
Loan servicer engaged in statutorily-mandated discussions 'to assess the financial situation,' and 'explore[d] options for the [plaintiffs] to avoid foreclosure' when it provided loss mitigation review, discussed loan modification application and payment options.
Real Property 4DCA/1 Nov. 8, 2018
Murray v. BEJ Minerals
Under 'Farley v. Booth Brothers Land & Livestock Co.,' fossils that are rare, exceptional and have special value are 'minerals' and belong to the mineral estate rather than the surface estate.
Real Property 9th Nov. 7, 2018
Bear Creek Master Assn. v. Southern Cal. Investors, Inc.
Under golf course's covenants, conditions, and restrictions, an inchoate 'claim of lien' was created and perfected, but no actual 'lien' could be created until it was recorded.
Real Property 4DCA/2 Nov. 2, 2018
Turner v. Seterus, Inc.
Under Civil Code Section 2924c, trustor is entitled to make back payments and reinstate the terms of the loan; thus, tender of the full amount of the loan was unnecessary.
Real Property 3DCA Sep. 25, 2018
Hart v. Clear Recon Corp.
Paragraph 9 in standard form deed of trust is not a provision for attorney's fees; it is, instead, a provision that attorney's fees will be added to the secured debt.
Real Property 2DCA/8 Sep. 20, 2018
Hacker v. Homeward Residential, Inc.
Trial court abused discretion in denying leave to amend where the appellant introduced sufficient facts as to ownership of the property in question.
Real Property 2DCA/1 Aug. 20, 2018
Winslett v. 1811 27th Avenue, LLC
Trial court erred in striking tenant's claim via anti-SLAPP motion where her claims did not arise out of protected activity.
Real Property 1DCA/4 Aug. 17, 2018
Hornish Joint Living Trust v. King County
A district court properly ruled that plaintiffs lacked Article III standing where they lacked property interest in area under quiet title dispute.
Real Property 9th Aug. 6, 2018
McGreevey v. PHH Mortgage Corp.
Catchall limitations period in 28 U.S.C. Section 1658 applies to time bar delayed filing of servicemember against defendants that foreclosed on his home after he returned from a tour of duty.
Real Property 9th Jul. 27, 2018
McLear-Gary v. Scott
Property may not be properly adversely possessed where purported possessor does not timely pay taxes on the property.
Real Property 1DCA/3 Jul. 16, 2018
Modification: Summers v. Superior Court
Judgment reversed where court grants partition without first resolving parties' ownership interests.
Real Property 1DCA/1 Jun. 28, 2018