Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
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 | |
S218973
|
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 | |
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 |
|
Feb. 16, 2016 | |
S213137
|
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 | |
G050250
|
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 | |
D068213
|
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 | |
A143531
|
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 | |
B261105
|
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 | |
A142357
|
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 | |
B235892
|
Scher v. Burke
Court may not enjoin property owners from obstructing vehicular access to disputed roads traversing their property because roads were not dedicated as public streets. |
Real Property |
|
Sep. 14, 2015 | |
A143671
|
Mak v. City of Berkeley Rent Stabilization Board (Ziem)
Landlords who evicted former, long-term tenant by misrepresenting intent to move-in may not collect higher rent from new tenant. |
Real Property |
|
Sep. 4, 2015 | |
A141306
|
Needelman v. DeWolf Realty Co. Inc.
Lessors defeat disruptive tenant's lawsuit challenging unlawful detainer action on res judicata grounds. |
Real Property |
|
Aug. 19, 2015 | |
E060664
|
Coppinger v. Rawlins
Property owners bound by predecessor's offer to dedicate property for public improvement where they fail to demonstrate county's acceptance of dedication was void or ineffectual. |
Real Property |
|
Aug. 18, 2015 | |
E060166
|
Carr v. Rosien
Adverse possessor's lis pendens is void because he failed to mail it to address shown in assessor's roll, regardless of address' validity. |
Real Property |
|
Jul. 15, 2015 | |
A139432
|
T & A Drolapas v. SF Rent etc. Bd.
Though he was a child and not party to the original rental agreement signed by his parents, current San Francisco apartment occupant enjoys rent control protections after his parents move elsewhere. |
Real Property |
|
Jul. 9, 2015 | |
F067568
|
Wells Fargo Bank N.A. v. 6354 Figarden General Partnership
Trial courts have discretion to choose most appropriate measure in calculating redemption price offset involving multi-use properties. |
Real Property |
|
Jul. 1, 2015 | |
B254298
|
Mira Overseas Consulting v. Muse Family Enterprises
Claimant's judgment lien takes priority over other competing claimant's lien because its lien related back to recording of lis pendens. |
Real Property |
|
Jun. 30, 2015 |