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Name Category Published
Calemine v. Samuelson
Seller has duty to disclose existence of previous lawsuits alleging defects in condominium. 		Real Property Feb. 19, 2009
City of Stockton v. Marina Towers
Condemnation process is flawed by resolution of necessity's vague project description that fails to specify 'public use' for city's acquisition of property. 		Real Property Feb. 17, 2009
Pine Terrace Apartments v. Windscape
Exemption from 10-year statute of limitations on construction defect actions based on willful misconduct applies to cross-complaints for indemnity. 		Real Property Feb. 10, 2009
Sixells v. Cannery Business Park
Contract that allows purchaser of property to 'waive' recording of final map is void for violating Subdivision Map Act. 		Real Property Jan. 26, 2009
Pro Value Properties Inc. v. Quality Loan Service Corp.
Trial court errs by applying 10 percent interest rate where trustee's obligation to purchaser was statutory in nature. 		Real Property Jan. 25, 2009
Shaw v. County of Santa Cruz
Court finds no compensable regulatory taking where county initially denied property owners' application to connect power to land. 		Real Property Jan. 20, 2009
San Diego Unified School District v. County of San Diego
10-year limitations period is not triggered where cause of action does not involve latent deficiency. 		Real Property Jan. 20, 2009
Espinoza v. Calva
Lease constitutes illegal contract absent certificate of occupancy for property. 		Real Property Jan. 14, 2009
Pine Terrace Apartments v. Windscape
Exemption from 10-year statute of limitations on construction defect actions based on willful misconduct applies to cross-complaints for indemnity. 		Real Property Jan. 13, 2009
Espinoza v. Calva
Judgment in favor of landlord for past due rent is reversed where building is deemed untenantable. 		Real Property Jan. 8, 2009
Opinion of Brown
School district may lease portion of county park for recreational use to stage baseball games for children during non-school hours. 		Real Property Jan. 8, 2009
Episcopal Church Cases
Local parish that disaffiliates from Episcopal Church over doctrinal dispute does not have right to take church property with it. 		Real Property Jan. 6, 2009
Alberstone v. California Coastal Commission (Stibel)
California Coastal Commission's refusal to hear appeal that does not raise substantial issue is proper. 		Real Property Dec. 31, 2008
City and County of San Francisco v. Coyne
Owners with no ongoing business on undeveloped property cannot recover damages for lost business goodwill. 		Real Property Dec. 30, 2008
McGuire v. United States
Sovereign immunity waiver provided by Tucker Act requires transfer of takings claim to Court of Federal Claims. 		Real Property Dec. 26, 2008
Patel v. Liebermensch
Appellate court errs by failing to enforce straightforward option contract. 		Real Property Dec. 23, 2008
Transwestern Pipeline Co. v. 17.19 Acres of Property Located in Maricopa County
Private party holding FERC certificate is not entitled to immediate possession of land until order of condemnation issues. 		Real Property Dec. 12, 2008
Avista Corp. v. Wolfe
District court erred in its retroactive application of abandonment declaration pursuant to 43 U.S.C. Section 912. 		Real Property Dec. 12, 2008
City and County of San Francisco v. Coyne
Owners with no ongoing business on undeveloped property cannot recover damages for lost business goodwill. 		Real Property Dec. 9, 2008
Burke v. California Coastal Commission
California Coastal Commission has no jurisdiction to require permit for fence that sets boundary between public and private land. 		Real Property Dec. 3, 2008
Ekstrom v. Marquesa at Monarch Beach Homeowners Association
'Judicial deference rule' does not apply where community association board's decision was outside of its scope of authority. 		Real Property Dec. 3, 2008
Spencer v. Marshall
Sale of home involving equity purchaser is subject to protections of Home Equity Sales Contract Act. 		Real Property Nov. 26, 2008
Kachlon v. Markowitz
Common interest privilege applies to statutory nonjudicial foreclosure proceedings where trustee acts without malice. 		Real Property Nov. 19, 2008
Mt. Holyoke Homes v. California Coastal Commission (Schelbert)
In property development case, plaintiff is required to timely contest California Coastal Commission's jurisdiction. 		Real Property Nov. 13, 2008
Peninsula Guardians Inc. v. Peninsula Health Care District
Lease of government-owned hospital is valid where it did not involve operation by tenant of hospital. 		Real Property Nov. 10, 2008
Secrest v. Security National Mortgage Loan Trust 2002-2
Unsigned forbearance agreement modifying note and deed of trust is subject to statute of frauds. 		Real Property Nov. 5, 2008
Gombiner v. Swartz
Court errs in denying collateral estoppel value to previous finding that converted property was duplex subject to rent stabilization ordinance. 		Real Property Oct. 31, 2008
Gray v. County of Madera (Madera Ranch Quarry Inc.)
Grant of conditional use permit is deemed invalid where environmental impact report is not supported by substantial evidence. 		Real Property Oct. 27, 2008
Monks v. City of Rancho Palos Verdes
Moratorium on construction of homes on landslide area is deemed taking which deprives land of all economically beneficial use. 		Real Property Oct. 24, 2008
Gray v. McCormick
Servient tenement owners are not entitled to use of easement where instrument expresses clear intent to establish exclusive use by plaintiffs. 		Real Property Oct. 24, 2008
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