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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
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
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