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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
Federal Home Loan Mortgage Corp. v. SFR Investments Pool 1
A district court properly denied an investor' motion to dismiss and properly granted summary judgment to Fannie Mae, Freddie Mac and their conservator agency, where a federal rule preempted a state statute that gave HOA liens priority over all other liens. 		Real Property 9th Jun. 26, 2018
Summers v. Superior Court
Judgment reversed where court grants partition without first resolving parties' ownership interests. 		Real Property 1DCA/1 Jun. 5, 2018
Placer Foreclosure, Inc. v. Aflalo
Dismissal of trustee’s complaint in interpleader affirmed where trustee fails to pay trustor surplus proceeds and where trustee does not face valid threat of double vexation. 		Real Property 2DCA/6 Jun. 4, 2018
Multani v. Knight
Summary judgment against holdover tenant who brought quiet enjoyment action against landlord proper. 		Real Property 2DCA/4 May 30, 2018
Hansen v. Sandridge Partners
Easement grant improper where encroacher was negligent as to disputed land issue. 		Real Property 5DCA May 3, 2018
Integrated Lender Services v. County of Los Angeles
Where court does not order property levied to satisfy criminal fraud restitution judgment, party owed restitution does not have interest in surplus funds from subsequent foreclosure sale of property. 		Real Property 2DCA/8 May 1, 2018
MTC Financial, Inc. v. Nationstar Mortgage
A senior lienholder is not entitled to proceeds from a nonjudicial trustee sale of real property when a junior lienholder forecloses on a second deed of trust under Section 2924k 		Real Property 1DCA/3 Jan. 24, 2018
McBride v. Smith
Claim for prescriptive easement survives demurrer where pleading shows use was contrary to language in original recorded easement grant. 		Real Property 1DCA/4 Jan. 8, 2018
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