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Kumar v. Ramsey
Statute of limitations for plaintiffs seeking to quiet title begins when they are aware of a hostile claim that jeopardizes their title or possession of their property.
Real Property 3DCA Nov. 30, 2021
People v. Venice Suites, LLC
The plain language of the Los Angeles Municipal Code supported a building owner's use of a building.
Real Property 2DCA/8 Nov. 17, 2021
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 Oct. 27, 2021
Humphrey v. Bewley
Publication of a property's assessor parcel number without a legal description is insufficient to satisfy service of process in quiet title actions.
Real Property 4DCA/2 Sep. 30, 2021
Kahn v. Price
Tree's obstruction of neighbor's view constituted a continuous nuisance which has no statute of limitations.
Real Property 1DCA/3 Sep. 24, 2021
Wilkins v. U.S.
Because the Quiet Title Act's statute of limitations was jurisdictional, the district court lacked subject-matter jurisdiction and properly dismissed the case.
Real Property 9th Sep. 16, 2021
Brown v. Montage at Mission Hills, Inc.
Civil Code Section 4740 exempts common interest development property owners from rental restrictions not in place at time of property's purchase.
Real Property 4DCA/2 Aug. 25, 2021
Modification: Pear v. City & County of S.F.
Secondary easement is no more than the right to do that which is necessary for the principal easement's enjoyment.
Real Property 6DCA Aug. 4, 2021
Pear v. City & County of S.F.
Secondary easement is no more than the right to do that which is necessary for the principal easement's enjoyment.
Real Property 6DCA Jul. 30, 2021
Bailey v. Citibank, N.A.
In adverse possession cases, true ownership requires holding title not lien.
Real Property 5DCA Jul. 8, 2021
Bank of New York Mellon v. 732 Hardy Way Trust
HOA foreclosure sale occurred in violation of automatic bankruptcy stay and was void; thus, bank should receive quiet title to property.
Real Property 9th Jun. 28, 2021
Estate of Finnigan v. U.S.
Summary judgment to government was proper in action seeking quiet title to real property that had been granted by federal government to Railroad Company, but was abandoned many years ago.
Real Property 9th Jun. 22, 2021
Best v. Ocwen Loan Servicing, LLC
Defendants' actions in connection with foreclosing on plaintiff's deed of trust was actionable under Rosenthal Act because non-judicial foreclosure is debt collection by debt collector which triggers Rosenthal Act.
Real Property 4DCA/2 May 25, 2021
Smart Corner Owners Assn. v. CJUF Smart Corner LLC
Requiring condominium association to obtain consent of majority of owners before filing construction defect claim violates state public policy supporting quality residential construction.
Real Property 4DCA/1 May 24, 2021
Nationstar Mortgage v. Saticoy Bay
Authority delegated to federal loan service provider in protecting previous homeowner's mortgage loan was sufficient in invoking Federal Foreclosure Bar.
Real Property 9th May 6, 2021
Tsasu LLC v. U.S. Bank Trust, N.A.
Quiet Title Act insulates third party from subsequent invalidation of earlier quiet title judgment only if third party has no actual or constructive knowledge of any defects or irregularities in that judgment.
Real Property 2DCA/2 Apr. 5, 2021
Felkay v. City of Santa Barbara
Inverse condemnation judgment affirmed because case was ripe after the initial denial of plaintiff's proposal.
Real Property 2DCA/6 Mar. 22, 2021
Boshernitsan v. Bach
Natural persons who are acting as trustees of revocable living trust and are also trust's settlors and beneficiaries qualify as 'landlord' under family move-in provision of city's rent control ordinance.
Real Property 1DCA/1 Mar. 15, 2021
Husain v. California Pacific Bank
Plaintiff was put on notice of defendant's claim for a prescriptive easement when plaintiff received and signed an indemnification agreement informing him of the easement.
Real Property 1DCA/2 Mar. 10, 2021
U.S. Bank v. White Horse Estates Homeowners Associates
Legally void mortgage-saving clause alone was insufficient evidence to constitute unfairness to set aside a sale.
Real Property 9th Feb. 9, 2021
Modification: Nagel v. Westen
Trial court erred in dismissing plaintiff's cause of action for fraudulent transfer under Uniform Voidable Transactions Act.
Real Property 2DCA/6 Feb. 3, 2021
Southern California School of Theology v. Claremont Graduate Univ.
Trial court erred in concluding that forfeiture doctrine applied to parties' grant deed and written agreement.
Real Property 2DCA/1 Jan. 26, 2021
Bohnett v. County of Santa Barbara
Plaintiff's purchase of property constituted sibling-to-sibling sale and therefore was not exempt from reassessment as Proposition 58 transfer between parent to child.
Real Property 2DCA/6 Jan. 20, 2021
Nagel v. Westen
Trial court erred in dismissing plaintiff's cause of action for fraudulent transfer under Uniform Voidable Transactions Act.
Real Property 2DCA/6 Jan. 11, 2021
San Joaquin Regional Transit Dist. v. Superior Court (DSS-2731 Myrtle LLC)
Sufficient evidence supported trial court's finding that manufacturing company had moved from property to relocate, supporting application of Code of Civil Procedure Section 1268.620.
Real Property 3DCA Dec. 30, 2020
Modification: Trenk v. Soheili
Trial court properly canceled deed of trust on home owned by defendants as joint tenants because defendant's wife did not execute the deed.
Real Property 2DCA/2 Dec. 23, 2020
Trenk v. Soheili
Trial court properly canceled deed of trust on home owned by defendants as joint tenants because defendant's wife did not execute the deed.
Real Property 2DCA/2 Dec. 22, 2020
3500 Sepulveda LLC v. RREEF America REIT II
District court erred in granting summary judgment to defendants because plaintiff did not give up its rights under agreement between the parties.
Real Property 9th Nov. 23, 2020
Reuter v. Macal
Lower court's application of 'Muktarian v. Barmby's tolling rule was affirmed because plaintiff was in continuous possession of the property.
Real Property 2DCA/5 Nov. 20, 2020
MES Investments, LLC v. Dadson Washer Service, Inc.
Trial court correctly concluded Civil Code Section 1945.5 did not apply to defendant's laundry room lease because it was residential real property.
Real Property 2DCA/3 Oct. 29, 2020