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Satchmed Plaza Owners Association v. UWMC Hospital Corp.
Attempt to sever judgment is dismissed against party who appealed judgment after accepting its benefits.
Real Property Oct. 24, 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 Oct. 22, 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 Oct. 13, 2008
McFarland v. Kempthorne
Landowner is not entitled to easement over national park where special use permit is denied for protection of wildlife and recreation.
Real Property Oct. 3, 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. 2, 2008
United States v. 4.85 Acres of Land
Exclusion of evidence of comparable post-taking sales to show value of land in eminent domain proceeding is improper.
Real Property Sep. 30, 2008
Treo@Kettner Homeowners Association v. Superior Court (Intergulf Construction Corp.)
CC&R cannot be construed as written contract where it waives fundamental right to jury trial.
Real Property Sep. 15, 2008
County of Humboldt v. McKee
Subsequent property owners are bound by prior owner’s pre-1979 Williamson Act contract and thus liable for sales of parcels under 600 acres.
Real Property Sep. 12, 2008
Mission Shores Association v. Pheil
Petition to reduce number of votes required to approve amendment to CC&R is deemed valid.
Real Property Sep. 8, 2008
Kingman Reef Atoll Investments v. United States
In action to quiet title to coral reef atoll, plaintiff fails to file complaint within 12-year limitations period.
Real Property Sep. 5, 2008
Schaffter v. Creative Capital Leasing Group
Commissions must be paid to real estate broker where investment company refused to close escrow solely due to insufficient appreciation of properties.
Real Property Sep. 5, 2008
Zanelli v. McGrath
Common owners of dominant and servient tenements extinguish view easement by merger.
Real Property Sep. 4, 2008
Action Apartment Association v. City of Santa Monica
'Nollan/Dollan' test in exaction cases does not apply to facial challenge to ordinance requiring developers to construct affordable housing.
Real Property Sep. 2, 2008
City of Cloverdale v. Dept. of Transportation
Title to drainage channel is effectively relinquished to City where relinquishment statute includes disputed property and authorization is received.
Real Property Sep. 2, 2008
Shanks v. Dressel
City's failure to enforce provisions of zoning code enacted to preserve historic districts does not violate 14th Amendment’s Due Process Clause.
Real Property Aug. 28, 2008
Ritter & Ritter Inc. v. The Churchill Condominium Association
Court properly orders condominium board of directors to notify members that concrete slab penetrations constitute fire hazard.
Real Property Aug. 25, 2008
County of Humboldt v. McKee
Subsequent property owners are bound by prior owner’s pre-1979 Williamson Act contract and thus liable for sales of parcels under 600 acres.
Real Property Aug. 18, 2008
United States v. Park
Summary judgment is premature where scenic easement permitting 'livestock farming' is too ambiguous to exclude dogs.
Real Property Aug. 12, 2008
Zack's Inc. v. City of Sausalito
City-mandated leasehold is not immune from general street closure statutes.
Real Property Aug. 12, 2008
Claudino v. Pereira
Plat is not controlling in case where field notes and extrinsic evidence are used to determine boundary line.
Real Property Aug. 12, 2008
Baychester Shopping Center Inc. v. San Francisco Residential Rent Stabilization and Arbitration Board (Fingerhut)
Successor in interest is liable for violations of rent ordinance where former landlord unlawfully increased tenant's rent.
Real Property Aug. 7, 2008
Skoumbas v. Orinda
Triable issues as to whether City acted reasonably in its maintenance of drainage system preclude grant of summary judgment in its favor.
Real Property Aug. 4, 2008
Witt Home Ranch Inc. v. County of Sonoma
1915 subdivision map cannot be deemed valid map under current law.
Real Property Aug. 1, 2008
Golden Gate Water Ski Club v. County of Contra Costa
Water ski club is not entitled to equitable estoppel defense and has no protectable property right in its development on island.
Real Property Jul. 30, 2008
T.O. IX v. Superior Court (Asphalt Professionals Inc.)
Developers must be permitted to record single surety bond in place of nine mechanics' liens recorded against nine-home subdivision.
Real Property Jul. 28, 2008
Urban Habitat Program v. City of Pleasanton
Statute of limitations does not bar claims against city where violation of state housing law due to conflicting city ordinances is alleged.
Real Property Jul. 23, 2008
Kassir v. Zahabi
Where property was overencumbered and owner would receive nothing under purchase agreement, no offset of future interest is required.
Real Property Jul. 21, 2008
Grant v. Ratliff
No presumption that open, notorious, and continuous use of land is adverse exists where circumstances show that road was used as family accommodation.
Real Property Jul. 17, 2008
SBAM Partners v. Wang
Defendant is not entitled to homestead exemption where he purchased property with non-exempt proceeds after plaintiff recorded judgment.
Real Property Jul. 11, 2008
Jamison v. Jamison
Due to failure to timely move for new trial, adequacy of owelty award is precluded from being challenged on appeal.
Real Property Jul. 7, 2008