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Borden v. Stiles
Summary judgment was not appropriate where there was no evidence in the record regarding the date of landlord's death--relevant as to whether tenant was in lawful occupation of the property.
Real Property 4DCA/3 Jun. 8, 2023
Shetty v. HSBC Bank USA, N.A.
Pursuant to Civil Code Section 2924c, grant deed holder, who was not the original borrower, was a successor-in-interest to foreclosed condo and therefore was entitled to reinstatement rights.
Real Property 4DCA/3 May 22, 2023
Modification: Crescent Trust v. City of Oakland
For purposes of the Subdivision Map Act, determining whether property lot was separate from or had been legally merged with other lots required an analysis of controlling laws at the time of lots' origin.
Real Property 1DCA/1 May 22, 2023
65283 Two Bunch Palms Building LLC v. Coastal Harvest II, LLC
Evidence of parties' intentions that oral lease for property where cannabis was cultivated be month to month overcame presumption of one year term for oral leases of agricultural land.
Real Property 4DCA/2 May 9, 2023
Crescent Trust v. City of Oakland
For purposes of the Subdivision Map Act, determining whether property lot was separate from or had been legally merged with other lots required an analysis of controlling laws at the time of lots' origin.
Real Property 1DCA/1 Apr. 24, 2023
Shenson v. County of Contra Costa
Property owners' inverse condemnation claim was denied because the county exerted no direct control over the defective drainage system when it approved its construction.
Real Property 1DCA/2 Apr. 3, 2023
Modification: River's Side at Washington Squate Homeowners Assn. v. Superior Court (River's Side LLC)
A homeowners association had standing to bring claims for damages to residential units that sounded in contract or fraud if it met the requirements for bringing a representative action pursuant to Code of Civil Procedure Section 382.
Real Property 3DCA Apr. 3, 2023
Wilkins v. U.S.
Twelve-year time bar for claims filed under the Quiet Title Act was merely a procedural, not a jurisdictional, requirement.
Real Property USSC Mar. 29, 2023
NCR Properties v. City of Berkeley
Only newly-contructed rooms that added to housing stock were exempt from local rent control when the renovated house had been previously used as a residence.
Real Property 1DCA/3 Mar. 13, 2023
River's Side at Washington Squate Homeowners Assn. v. Superior Court (River's Side LLC)
A homeowners association had standing to bring claims for damages to residential units that sounded in contract or fraud if it met the requirements for bringing a representative action pursuant to Code of Civil Procedure Section 382.
Real Property 3DCA Mar. 7, 2023
Ventura29 v. City of San Buenaventura
Court's demurrer to plaintiff's inverse condemnation claim against the City of San Buenaventura was affirmed because plaintiff failed to appeal the City's engineering decision to the City's Public Works Director.
Real Property 2DCA/6 Jan. 30, 2023
Tufeld Corp. v. Beverly Hills Gateway, L.P.
Part of a commercial lease exceeding 99 years was void, rather than voidable, even though it was malum prohibitum and not malum in se because it contravened public policy goals.
Real Property 2DCA/5 Dec. 8, 2022
Modification: Tariwala v. Mack
The merger of title doctrine did not automatically apply to recorded driveway easement where the result would render the property worthless as the easement was the only access to the road.
Real Property 2DCA/6 Nov. 21, 2022
Tariwala v. Mack
The merger of title doctrine did not automatically apply to recorded driveway easement where the result would render the property worthless as the easement was the only access to the road.
Real Property 2DCA/6 Oct. 27, 2022
Sheetz v. County of El Dorado
In land-use regulation case, traffic impact mitigation fee imposed by county as condition of issuing building permit was subject to the "reasonable relationship" test under Mitigation Fee Act, not the "unconstitutional conditions doctrine."
Real Property 3DCA Oct. 21, 2022
2710 Sutter Ventures, LLC v. Millis
Landlord's termination of tenancy notice was defective when it failed to strictly comply with proper notice requirements under San Francisco's rent ordinance.
Real Property 1DCA/4 Sep. 2, 2022
Hirschfield v. Cohen
Newly constructed single-family dwelling replacing previously rent-controlled unit was subject to rent control because the Ellis Act's recontrol provision was intended to be an exception to the Costa-Hawkins Act's decontrol provisions.
Real Property 2DCA/7 Aug. 29, 2022
Gerlach v. K. Hovnanian's Four Seasons at Beaumont, LLC
Allegedly defective roofs were not "manufactured products" for purposes of the Right to Repair Act because the roofs were not completely manufactured offsite.
Real Property 4DCA/2 Aug. 19, 2022
Shoker v. Superior Court (Phangureh)
Action seeking a constructive trust that would restore title to real property to plaintiffs was a real property claim for lis pendens purposes.
Real Property 1DCA/5 Jul. 19, 2022
Modification: XPO Logistics Freight, Inc. v. Hayward Property, LLC
County assessor's division of property, for property tax purposes, could not be read as part of a contested property's legal description.
Real Property 1DCA/4 Jul. 13, 2022
XPO Logistics Freight, Inc. v. Hayward Property, LLC
County assessor's division of property, for property tax purposes, could not be read as part of a contested property's legal description.
Real Property 1DCA/4 Jun. 21, 2022
Reznitskiy v. County of Marin
The Housing Accountability Act does not apply to projects to build single-family homes.
Real Property 1DCA/1 Jun. 16, 2022
Canyon Vineyard Estates I v. DeJoria
Intent to create a conservation easement was supported by overwhelming extrinsic evidence.
Real Property 2DCA/3 May 20, 2022
People v. Miller
The trial court properly voided a grant deed transferring title since the broker pled no contest to procuring or offering a false or forged instrument under Penal Code Section 115(e).
Real Property 1DCA/3 May 20, 2022
Morris v. JPMorgan Chase Bank
Plaintiff was a "borrower" capable of bringing claims under the Homeowners Bill of Rights since the stay on her bankruptcy filing was lifted prior to the allegedly improper foreclosure proceedings.
Real Property 1DCA/4 May 6, 2022
Romero v. Shih
Exclusive implied easements are to be granted only under very specific situations.
Real Property 2DCA/8 May 6, 2022
Modification: McMillin v. Eare
A deed, having been physically delivered to the grantee by the grantor, took effect at once and was valid without the oral conditions.
Real Property 2DCA/8 Feb. 28, 2022
Bankers Hill 150 v. City of San Diego
A city did not abuse its discretion in approving a development project because the city was obligated to approve the project under the Density Bonus Law.
Real Property 4DCA/1 Feb. 4, 2022
Meyer v. Sheh
In requesting court to order sale of judgment creditor's property to satisfy outstanding judgment, unrecorded property tax liens must be disclosed in a judgment creditor's application to the court.
Real Property 2DCA/2 Feb. 4, 2022
Greif v. Sanin
Buyer of land was entitled to specific performance and duplicative conversion damages because seller unreasonably delayed the release of buyer's escrow deposit funds.
Real Property 4DCA/2 Jan. 28, 2022