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Black Hills Investments Inc. v. Albertson's Inc.
Contracts violated law where they provided for sale of unsubdivided parcels before seller recorded parcel map in compliance with Subdivision Map Act.
Real Property Feb. 13, 2007
Castillo v. Express Escrow Co.
Escrow agent for mobile home sale must hold funds in escrow upon receiving written notice of dispute between buyer and seller.
Real Property Feb. 13, 2007
Van Slyke v. Gibson
In real estate transaction case, sellers are not required to first seek mediation in order to recover attorney fees.
Real Property Feb. 7, 2007
Cacho v. Boudreau
Mobilehome park owners in rent-control district cannot charge tenants for share of property tax.
Real Property Feb. 1, 2007
North Kern Water Storage District v. Kern Delta Water District
Court improperly declared forfeiture where suit was brought to establish forfeiture of appropriative water rights through nonuse.
Real Property Jan. 10, 2007
City of Goleta v. Superior Court (Oly Chadmar Sandpiper General Partnership)
Subdivision Map Act exception to rule making approval of final subdivision map ministerial is effective without adoption by newly incorporated city.
Real Property Dec. 21, 2006
Wachovia Bank v. Lifetime Industries Inc.
Defendant's lien is not extinguished where exercise of option to purchase did not give plaintiff title to remainder interest.
Real Property Dec. 20, 2006
Wright v. City of Morro Bay
Property owners cannot claim ownership of portion of adjacent dedicated street, even if it was never opened or used for public purposes.
Real Property Dec. 6, 2006
Schneider v. California Coastal Commission
California Coastal Commission may not consider boater's 'right to view' of coastline as factor in denying development in coastline zone.
Real Property Nov. 28, 2006
City of Santa Monica v. Gonzalez
Procedurally defective notice does not invalidate receivership appointment and actions because landowner had actual notice and history of code violations.
Real Property Nov. 28, 2006
Peak Investments v. South Peak Homeowners Association Inc.
Statute requires at least simple majority of all members of homeowners association to amend covenants, conditions and restrictions.
Real Property Nov. 28, 2006
Red Mountain LLC v. Fallbrook Public Utility District
Ambiguous grant from public entity to private party is construed to only pass rights and interests expressly embraced in its terms.
Real Property Nov. 16, 2006
Red Mountain v. Fallbrook Public Utility District
Court erred by failing to construe access easement in favor of public utility district pursuant to Civil Code.
Real Property Nov. 7, 2006
Border Business Park Inc. v. City of San Diego
Where alleged invasion of property did not directly and specially affect business park, owner could not prevail on inverse condemnation claim.
Real Property Nov. 7, 2006
Borten v. Santa Monica Rent Control Board
Precedent established in prior case defeats landlord's constitutional challenge to rent control board's involvement with non-resident tenant.
Real Property Nov. 6, 2006
Markowitz v. Fidelity National Title Co.
Nonsuit is properly granted for sub-escrow where no statutory duty was owed to plaintiff.
Real Property Nov. 6, 2006
Farber v. Bay View Terrace Homeowners Association
Where plaintiff was not owner of condominium unit, she lacked standing to enforce CC&R's.
Real Property Oct. 25, 2006
Butler-Rupp v. Lourdeaux
Tenant cannot recover for negligent infliction of emotional distress because her damages derive solely from landlord's failure to perform contract obligations.
Real Property Oct. 24, 2006
Ung v. Koehler
Trial court erred in granting summary adjudication that precluded sale of plaintiff's property under deed of trust.
Real Property Oct. 23, 2006
Garber v. Levit
Proposition G's percent ownership requirement for owners of record acquiring interest in property prevails over amendment to rent ordinance.
Real Property Oct. 22, 2006
Tilton v. Reclamation District No. 800
In inverse condemnation case involving property damage caused by levee failures, dismissal is proper where plaintiffs failed to allege flawed maintenance plan.
Real Property Oct. 22, 2006
Harrison v. Emerald Outdoor Advertising (In re Emerald Outdoor Advertising)
Deed of trust securing Indian trust land recorded in county has priority over commercial lease recorded with Bureau of Indian Affairs.
Real Property Sep. 7, 2006
Preciado v. Wilde
Co-tenant failed to establish title by adverse possession where he never excluded other co-tenant from property.
Real Property Sep. 6, 2006
Slintak v. Buckeye Retirement Co.
Where last lis pendens was recorded in 1999, within 10-year time period under Civil Code Section 882.020, statute of limitations has not run.
Real Property Sep. 6, 2006
Newmyer v. Parklands Ranch
Deed expressly granting appurtenant easement with right to convey other easements for 'like purposes' is enforceable against subsequent owner of servient tenement.
Real Property Aug. 23, 2006
Aaron v. Dunham
Where permission to pass signs were not posted by owner as required by Civil Code Section 1008, neighbors acquired prescriptive easement rights.
Real Property Aug. 23, 2006
Kuperman v. Assessment Appeals Board No. 1, San Diego County (Smith)
Plaintiff's application challenging tax assessor's base year value of his property was untimely brought within four-year limitations period.
Real Property Aug. 22, 2006
Gill Petrolium Inc. v. Hayer
Code of Civil Procedure gives court discretion to relieve tenant from forfeiture and restore him to his former estate or tenancy.
Real Property Aug. 21, 2006
Regency Outdoor Advertising Inc. v. City of Los Angeles
Partial obstruction of plaintiff's billboards by city's planting of palm trees is not compensable in inverse condemnation action.
Real Property Aug. 16, 2006
Barnes v. Hussa
Landowner is entitled to irrevocable license to use water pipeline built on noncontiguous parcel.
Real Property Jul. 10, 2006