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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
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