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Gillies v. JPMorgan Chase Bank N.A.
'Game over' for abusive attorney who tried to game the system by filing multiple lawsuits against lender while possessing property he long stopped paying.
Real Property Jan. 24, 2017
Horiike v. Coldwell Banker Residential Brokerage Co.
In dual agent transaction, associate licensee functioning on real estate broker's behalf owes 'equivalent' duty of disclosure as broker.
Real Property Nov. 21, 2016
Nellie Gail Ranch Owners Association v. McMullin
Homeowners who built wall in contravention of development's governing rules waive estoppel defense by not raising it at trial, and by blatant flouting of rules.
Real Property Oct. 30, 2016
Mendez v. Rancho Valencia Resort Partners LLC
Five-star resort prevails over neighbors who claimed that noise emanating from its outdoor events constituted private nuisance.
Real Property Sep. 13, 2016
Lucioni v. Bank of America N.A.
Borrower unsuccessful in obtaining injunction to prevent nonjudicial foreclosure, where Homeowner's Bill of Rights only authorizes injunctive relief for violation of specifically enumerated sections.
Real Property Sep. 8, 2016
City of Perris v. Stamper
In condemnation case, application of 'Porterville' doctrine rather than 'project effect rule' results in reversal and remand.
Real Property Aug. 16, 2016
Walters v. Boosinger
Action to quiet title premised on theory of fraud may not be brought 'at any time,' but is subject to three-year limitations period applicable to fraud claims.
Real Property Aug. 15, 2016
Rancho Mirage Country Club Homeowners Association v. Hazelbaker
Homeowner association properly awarded fees and costs pursuant to fee-shifting provision of the Davis-Stirling Act as prevailing party in condominium dispute.
Real Property Aug. 11, 2016
Woods v. U.S. Bank N.A.
Borrowers' post-sale claims challenging foreclosure sale of real property barred where incorrect listing of beneficiary in notice of sale not significant enough to upset finality of foreclosure.
Real Property Aug. 4, 2016
Weeping Hollow Avenue Trust v. Spencer
Joinder of former resident who previously suffered foreclosure appropriate in quiet title action, divesting federal court of diversity jurisdiction over citizens of Nevada.
Real Property Aug. 3, 2016
Friends of the Hastain Trail v. Coldwater
Use of decades old fire road on private property as hiking trail does not constitute implied dedication of land for public use.
Real Property Jul. 29, 2016
Sciarratta v. U.S. Bank National Association
Reversal of dismissal results where homeowner foreclosed on by one purporting to exercise rights under void assignment suffers sufficient prejudice to assert wrongful foreclosure.
Real Property May 19, 2016
Brown v. Deutsche Bank National Trust Co.
Defaulting borrower lacks standing to preemptively challenge bank's authority to foreclose on her property.
Real Property May 10, 2016
Friends of Martin’s Beach v. Martin’s Beach 1 LLC
Organization seeking public access to beach via private road obtains partial success, winning reversal of summary adjudication in property owners' favor on its dedication claims.
Real Property Apr. 29, 2016
Boxer v. City of Beverly Hills
Beverly Hills residents cannot maintain inverse condemnation claim against the City for planting redwood trees at Roxbury Park that obstructed residents' views.
Real Property Apr. 28, 2016
Almanor Lakeside Villas Owners Association v. Carson
$100,000 award of attorney fees and costs upheld where homeowner's association is prevailing party against homeowners under fees provision of Davis-Stirling Act.
Real Property Apr. 21, 2016
Crossroads Investors L.P. v. Federal National Mortgage Association
Fannie Mae unsuccessful in attempt to dodge property owner's wrongful foreclosure claims via anti-SLAPP motion.
Real Property Apr. 15, 2016
Orcilla v. Big Sur, Inc.
Ousted homeowners may maintain action against big banks for the alleged wrongful foreclosure of their home of 18 years.
Real Property Mar. 14, 2016
Salazar v. Matejcek
Treble damages for tree trespass are proper where family clearly had personal reason for tree restoration and offending party acted intentionally, willfully, and maliciously in removing them.
Real Property Mar. 11, 2016
Mountjoy v. Bank of America N.A.
Sweeping reduction in compensable hours due to certain flawed billing entries effectively denied homeowners compensation for time claimed in entries that were not flawed and must be overturned.
Real Property Mar. 1, 2016
Taylor v. Nu Digital Marketing Inc.
Because defendant's possession of property was achieved through landlord-tenant relationship, and not buyer-seller relationship, unlawful detainer properly used by plaintiffs to regain possession.
Real Property Mar. 1, 2016
Boston LLC v. Juarez
Tenant's breach of agreement governed by Los Angeles Rent Stabilization Ordinance must be material to justify forfeiture of agreement and termination of tenancy.
Real Property Feb. 29, 2016
Yvanova v. New Century Mortgage Corp.
In wrongful nonjudicial foreclosure action, borrower has standing to challenge assignment of note and deed of trust based on alleged defects rendering assignment void.
Real Property Feb. 19, 2016
Orcilla v. Big Sur Inc.
Ousted homeowners may maintain action against big banks for the alleged wrongful foreclosure of their home of 18 years.
Real Property Feb. 16, 2016
Coker v. JP Morgan Chase Bank N.A.
California's anti-deficiency protections apply to lender-approved 'short sale' of real property just as they do to foreclosure sales.
Real Property Jan. 22, 2016
Majd v. Bank of America N.A.
Homeowner successfully revives action against bank for wrongfully foreclosing on his property while his loan modification application was still under review.
Real Property Jan. 19, 2016
Young’s Market Co. v. Superior Court (San Diego Unified School District)
Trial court properly granted school district's petition for order to enter land adjacent to elementary school to conduct environmental testing because temporary intrusion does not constitute compensable taking.
Real Property Nov. 20, 2015
Carloss v. County of Alameda
Survivor may pursue claim for excess proceeds from mother's tax-defaulted property even in absence of recorded grant deed.
Real Property Nov. 16, 2015
Olive Properties L.P. v. Coolwaters Enterprises Inc.
Defaulting tenant cannot dodge landlord's unlawful detainer action where action did not arise out of protected petitioning activities.
Real Property Nov. 3, 2015
Save Mount Diablo v. Contra Costa County (Nunn)
Property owners not entitled to certificate of compliance under Subdivision Map Act to legitimize division of property effected by condemnation.
Real Property Oct. 9, 2015