Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
G051956
|
Nautilus Inc. Yang
Despite misapplication of burden of proof, good faith defense established to claim of fraudulent conveyance. |
Real Property |
|
Apr. 25, 2017 | |
A149062
|
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 | |
B271035
|
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 | |
B266931
|
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 | |
H039293
|
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 | |
D070545
|
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 | |
D070680
|
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 | |
C073207
|
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 | |
B272427
|
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 | |
S218734
|
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 | |
G051244
|
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 | |
D067899
|
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 | |
B265722
|
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 | |
S213468
|
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 | |
D069255
|
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 | |
E063272
|
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 | |
13-36037
|
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 | |
13-16060
|
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 | |
B249841
|
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 | |
D069439
|
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 | |
A144339
|
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 | |
A142035
|
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 | |
B258459
|
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 | |
H041030
|
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 | |
C072585
|
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 | |
H040021
|
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 | |
A144106
|
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 | |
C077283
|
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 | |
C074883
|
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 | |
B267267
|
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 |