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Name Category Published
Christian v. Flora
Plaintiffs prevail in action to quiet title in easement where new parcel map depicting road over easement amends previous map. 		Real Property Jul. 2, 2008
United States v. 87.98 Acres of Land More or Less in the County of Merced
Expert testimony regarding specific EMF levels in just compensation cases can be limited to public's perception. 		Real Property Jun. 25, 2008
Talbott v. Hustwit
Code of Civil Procedure Section 580a does not apply where trust arrangement removed debtor status and defendants are deemed guarantors. 		Real Property Jun. 24, 2008
California National Bank v. Woodbridge Plaza
Pursuant to lease, bank's rent is prevailing rate paid by nearby financial institutions. 		Real Property Jun. 23, 2008
Mayer v. L&B Real Estate
Action to quiet title is timely where it is filed within one year of notice of sale of property. 		Real Property Jun. 17, 2008
Biagini v. Beckham
Where use of property is consistent with private easement, there is no basis for implied acceptance of offer of dedication by public use. 		Real Property Jun. 11, 2008
California Golf v. Cooper
Bidder may not use defense of election of remedies against foreclosing beneficiary where judgment of judicial foreclosure was previously obtained. 		Real Property Jun. 11, 2008
Stone v. Center Trust Retail Properties Inc.
Entry of judgment of possession in unlawful detainer action gives rise to landlord's duty to inspect property and conduct periodic inspections thereafter. 		Real Property Jun. 1, 2008
City of Santa Monica v. Gonzalez
Demolition of property owner's home is deemed appropriate pursuant to receiver's application where notice was proper. 		Real Property May 20, 2008
Casden Park La Brea v. Ross Dress for Less Inc.
Neutral arbitrator has no duty to disclose employer's business relationship with party or party's representative in which he has no financial interest. 		Real Property May 19, 2008
Taylor v. Westly
Plaintiffs' facial challenge to new law addressing escheat issue fails. 		Real Property May 13, 2008
Harvey v. The Landing Homeowners Association
Upon reasonable investigation and good faith, homeowners association board acted properly when it granted homeowners right to use common area for storage. 		Real Property May 1, 2008
Casden Park La Brea v. Ross Dress for Less Inc.
Neutral arbitrator has no duty to disclose employer's business relationship with party or party's representative in which he has no financial interest. 		Real Property Apr. 28, 2008
Brewer v. Murphy
California law recognizes prescriptive rights in surface water between parties, and thus Water Code is not exclusive way to obtain water rights. 		Real Property Apr. 7, 2008
Aviel v. Ng
Trustee sale under deed of trust extinguishes commercial lease made subject to future mortgages in subordination clause. 		Real Property Apr. 3, 2008
Pacific Hills Homeowners Association v. Prun
Action brought against homeowners is subject to five-year statute of limitations even though set-back restriction was not recorded in CC&Rs. 		Real Property Mar. 24, 2008
City of Fremont v. Fisher
Court must exclude expert testimony on temporary severance damages where owners fail to show construction easement interferes with property’s actual intended use. 		Real Property Mar. 3, 2008
Nicoll v. Rudnick
Because water right was appurtenant to entire property, each parcel owner of property acquired water rights proportional to percentage of land acquired. 		Real Property Feb. 28, 2008
McClain v. Octagon Plaza
Plaintiff leasing commercial space is entitled to accounting with respect to her share of common expenses. 		Real Property Feb. 4, 2008
County of Ventura v. Channel Islands Marina Inc.
County landlord is not liable for lessee’s damages caused by newly enacted government regulation preventing lessee from removing improvements made to land. 		Real Property Feb. 1, 2008
Fourth La Costa v. Seith
Reduction of percentage of owners necessary to amend CC&Rs was constitutional and did not exceed court’s statutory authority. 		Real Property Feb. 1, 2008
Citizens for Responsible Open Space v. San Mateo County Local Agency Formation Commission
Annexation of land is validated where omissions in public notice are not prejudicial because voter rights were not substantially affected. 		Real Property Feb. 1, 2008
Biscotti v. Yuba City Unified School District
Child’s injury from falling off bicycle used as impromptu ladder to climb schoolyard fence is not result of dangerous condition of public property. 		Real Property Dec. 28, 2007
Richeson v. Helal
As construed here, agreements between city and landowner do not prevent city from granting conditional use permit without durational limitation. 		Real Property Dec. 26, 2007
San Diego Metropolitan Transit Development Board v. RV Communities
Condemned property is not properly valued on date of deposit if condemner’s deposit is not ‘just compensation’ for its taking. 		Real Property Dec. 24, 2007
Redevelopment Agency of the City of Long Beach, California v. Morales
Award of litigation expenses is reversed in eminent domain case where owners had declined redevelopment agency's offer for their land. 		Real Property Dec. 19, 2007
Eastern Municipal Water District v. Superior Court (Tajik)
Deposit of inadequate sum for property condemned via ‘quick take’ process will not affect statutory scheme regarding date of valuation for that property. 		Real Property Dec. 17, 2007
Schweitzer v. Westminister Investments
Requiring proof that purchaser's representative is bonded under Civil Code is void for vagueness under due process clause. 		Real Property Dec. 16, 2007
Crestmar Owners Association v. Stapakis
Statute of limitations for action to quiet title does not begin to run until someone presses adverse claim against person holding property. 		Real Property Dec. 16, 2007
Raven H. v. Gamette
Sexual assault victim raises triable issue of material fact regarding whether her landlord's alleged negligence was substantial factor in causing her injury. 		Real Property Dec. 10, 2007
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