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Name Category Published
The National Grange of the Order etc. v. The California Guild
Declaration that local suspended fraternity must transfer its property to newly chartered local fraternity affirmed where neutral-principles approach to resolving property disputes supports declaration. 		Real Property 3DCA Dec. 4, 2017
Orien v. Lutz
An order of attorney fees in a partition action not governed by civil code section that pertains to contract-based attorney fees award 		Real Property 2DCA/8 Nov. 6, 2017
City of West Hollywood v. Kihagi
Landlord may have violated Ellis Act by renting out property, but permanent injunction imposing 10-year rental moratorium is unenforceable as currently worded, warranting reversal. 		Real Property 2DCA/1 Oct. 30, 2017
Dryden Oaks LLC v. San Diego County Regional Airport Authority
Property owners' takings claim against airport authority and county fails where adoption of land use plan is not sufficiently final to constitute compensable taking. 		Real Property 4DCA/1 Oct. 20, 2017
RSB Vineyards LLC v. Orsi
Sellers not liable for failing to disclose deficiencies in residence converted into wine tasting room where sellers lacked knowledge of alleged deficiencies. 		Real Property 1DCA/3 Oct. 3, 2017
Luz Solar Partners Ltd. v. San Bernardino County
State Board of Equalization’s appraisal guideline directing assessor to include solar and nonsolar components of solar energy unit as part of appraisal unit affirmed. 		Real Property 4DCA/2 Sep. 29, 2017
Modification: Save Laurel Way v. City of Redwood City (Laurel Way Joint Venture)
City’s approval of permits erroneously set aside under Subdivision Map Act where Act neither prohibits development permit approvals nor apply to certification of environmental studies. 		Real Property 1DCA/1 Sep. 25, 2017
Save Laurel Way v. City of Redwood City (Laurel Way Joint Venture)
City’s approval of permits erroneously set aside under Subdivision Map Act where Act neither prohibits development permit approvals nor apply to certification of environmental studies. 		Real Property 1DCA/1 Aug. 31, 2017
Berezovsky v. Bank of America
Federal Foreclosure Bar preempts Nevada law to prevent homebuyer from purchasing foreclosed property to which Federal Housing Finance Agency had a claim. 		Real Property 9th Aug. 28, 2017
Modification: Scher v. Burke
Civil Code Section 1009 preclude both recreational and non-recreational public use of non-coastal property from ripening into an implied dedication of a public road. 		Real Property CASC Aug. 11, 2017
Deutsche Bank National Trust Co. v. Pyle
Subsequent purchaser does not qualify as bona fide purchaser where underlying action did not seek to quiet title and purchaser had record notice of bank’s deed. 		Real Property California Courts of Appeal Jul. 14, 2017
Lynch v. California Coastal Commission
Homeowners forfeit right to challenge coastal development permit’s conditions by accepting permit and rebuilding damaged seawall. 		Real Property CASC Jul. 7, 2017
Scher v. Burke
Civil Code Section 1009 preclude both recreational and non-recreational public use of non-coastal property from ripening into an implied dedication of a public road. 		Real Property Jun. 15, 2017
Black Sky Capital LLC v. Cobb
Judgment entered in debtor's favor overturned where lienholder's claim for balance due on junior loan not barred by anti-deficiency statutes. 		Real Property Jun. 14, 2017
Hardesty v. State Mining and Geology Board
Landowner with federal mining patents unsuccessful in overturning State Mining and Geology Board's finding that he did not have grandfathered right to surface mine. 		Real Property Jun. 2, 2017
People ex rel. Harris v. Aguayo
Real estate scammers unsuccessful in challenging adverse judgment in civil enforcement action for violation of unfair competition laws. 		Real Property May 30, 2017
Thompson v. Ioane
In dispute over title to real property summary judgment improperly granted in plaintiff's favor, where there remains triable issue of fact with respect to his chain of title. 		Real Property May 30, 2017
Kutzke v. City of San Diego
City's denial of project revived where owners' plan to split hilltop lots was incompatible with existing community plan and would result in undesirable project. 		Real Property May 24, 2017
Hardesty v. State Mining and Geology Board
Landowner with federal mining patents unsuccessful in overturning State Mining and Geology Board's finding that he did not have grandfathered right to surface mine. 		Real Property May 18, 2017
Hinrichs v. Melton
Preexisting use not a required condition of an equitable easement; courts weigh hardships and consider potential irreparable harms. 		Real Property May 4, 2017
Clary v. City of Crescent City
City lawfully placed lien on property for costs of nuisance abatement despite property owner's relentless assertion that overgrown bushes and rubbish were not a nuisance. 		Real Property May 3, 2017
Bank of America Corp. v. City of Miami
Foreseeability is insufficient to establish proximate cause under the Fair Housing Act; 'direct relation' between injury asserted and injurious conduct alleged is required. 		Real Property May 2, 2017
Nautilus Inc. Yang
Despite misapplication of burden of proof, good faith defense established to claim of fraudulent conveyance. 		Real Property Apr. 25, 2017
Danger Panda LLC v. Launiu
Minor displaced by Ellis Act is not a 'tenant' under the San Francisco Rent Ordinance and is therefore not entitled to relocation payment. 		Real Property Apr. 6, 2017
Ivanoff v. Bank of America N.A.
Although court incorrect in concluding claims are barred by res judicata, demurrer properly sustained based on statute of limitations ground. 		Real Property Mar. 15, 2017
Dr. Leevil LLC v. Westlake Health Care Center
Purchaser of foreclosed property may evict occupant by serving notice to quit even if title had yet to be perfected at time of service. 		Real Property Mar. 8, 2017
Vieira Enterprises Inc. v. McCoy
Termination of neighbor's recorded right of way in private road unsuccessful, where plaintiff's occupation is not sufficiently hostile to establish quiet title via adverse possession. 		Real Property Feb. 24, 2017
Blanchette v. Superior Court (GHA Enterprises Inc.)
In construction defect cases, builder must promptly raise defects in notice of claim within time specified under Right to Repair Act. 		Real Property Feb. 13, 2017
OC Interior Services LLC v. Nationstar Mortgage LLC
Void default judgment is nullity for all purposes and title did not pass to purported bona fide purchaser free of first deed of trust. 		Real Property Feb. 2, 2017
Kalnoki v. First American Trustee Servicing Solutions LLC
Homeowners fail to overturn dismissal of their wrongful foreclosure action based on 'documentary fraud' especially where homeowners failed to establish prejudice. 		Real Property Feb. 2, 2017
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