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Paul v. Schoellkopf
Provision for attorney fees in escrow instructions does not apply to land sale contract dispute.
Real Property Nov. 9, 2005
Hafen v. County of Orange
Developer is not exempt from zoning regulations adopted after his tentative parcel map was approved.
Real Property Nov. 4, 2005
San Diego Metropolitan Transit Development Board v. RV Communities
Property owner may bring inverse condemnation cross-action even after direct eminent domain action has been filed.
Real Property Nov. 4, 2005
First Federal Bank of California v. Fegen
Judgment debtor's appeal seeking to reverse sale of foreclosed property is moot.
Real Property Oct. 17, 2005
Bear Creek Master Association v. Edwards
Homeowners' association may charge assessments for unbuilt property within planned and partially built development.
Real Property Oct. 10, 2005
Wasatch Property Management v. Degrate
Landlord seeking to terminate lease of low-income tenant with Section 8 benefits must provide 90 days' notice.
Real Property Oct. 10, 2005
Bisno v. Santa Monica Rent Control Board
Rent control board may adopt regulation allowing landlord to petition for rent increase for tenant who does not principally reside at unit.
Real Property Oct. 5, 2005
Lu v. Grewal
Fair market rental value is proper measure for mitigation when lessee abandons commercial lease.
Real Property Oct. 5, 2005
Escondido Union School District v. Casa Suenos De Oro Inc.
Landowner facing eminent domain was properly awarded compensation for manufactured home on land.
Real Property Sep. 26, 2005
Beyer v. Tahoe Sands Resort
'Owner' in rule regarding servient tenement is owner of full legal and equitable title.
Real Property Sep. 26, 2005
Wasatch Property Management v. Degrate
Landlord seeking to terminate lease of low-income tenant with Section 8 benefits must provide 90 days' notice.
Real Property Sep. 26, 2005
City of Merced v. American Motorists Insurance Co.
City can recover on performance bond when constructor fails to make improvements even though they were eventually made.
Real Property Aug. 30, 2005
Mt. San Jacinto Community College District v. Superior Court (Azusa Pacific University)
Date of valuation of property in 'quick take' eminent domain proceeding is date of deposit of probable compensation.
Real Property Aug. 30, 2005
Communications Relay Corp. v. County of Los Angeles
Property owners may not construct water wells without identifying person holding water well contractor's license as person responsible for construction.
Real Property Aug. 29, 2005
Berg v. Davi
Attorney discipline proceedings are sufficient basis for rejection of application for real estate salesperson's license.
Real Property Aug. 29, 2005
Woodridge Escondido Property Owners Association v. Nielsen
Homeowner must remove portion of deck that encroaches on easement on his neighbor's property.
Real Property Aug. 29, 2005
City of San Diego v. D.R. Horton San Diego Holding Co. Inc.
Jury's determinations of property value and severance damages in eminent domain case were internally inconsistent.
Real Property Aug. 23, 2005
Commonwealth of the Northern Mariana Islands
Commonwealth of the Northern Marianas Islands may not assert title to submerged lands off its coast.
Real Property Aug. 23, 2005
H.N. & Frances Berger Foundation v. City of Escondido
Rent control board's method for determining rent increase failed to consider fair rate of return.
Real Property Aug. 23, 2005
Sierra View Local Health Care District v. Sierra View Medical Plaza Associates
Grant of new trial motion was error because jurors were properly instructed on fair market value of building.
Real Property Aug. 22, 2005
Dieckmeyer v. Redevelopment Agency of the City of Huntington Beach
Plaintiff's repayment of home loan under affordable housing program does not entitle her to reconveyance of trust deed.
Real Property Aug. 22, 2005
Anderson v. Time Warner Telecom of California Inc.
Landowners who granted easement to county for highway cannot maintain encroachment claim against telecommunications provider that laid fiber optic cables.
Real Property Aug. 19, 2005
Autopsy/Post Services Inc. v. City of Los Angeles
Commercial autopsy service did not act in good faith when it applied for building permit.
Real Property Aug. 19, 2005
Zabrucky v. McAdams
Erection of residential addition violated neighboring homeowner's right to view.
Real Property Aug. 19, 2005
Bank of America N.A. v. La Jolla Group II
Buyer did not receive good title to property when lender failed to inform trustee that homeowner had cured default leading to foreclosure.
Real Property Aug. 19, 2005
Bodega Bay Concerned Citizens v. County of Sonoma (Bodega Bay Sunset Property)
County may grant extension of tentative subdivision map after expiration date if application for extension was timely filed.
Real Property Aug. 11, 2005
Klompenburg v. Berghold
Landowners are not entitled to build gates on easement running across their land.
Real Property Aug. 11, 2005
Estate of Seifert
Period during which party served as executor of estate cannot be used to show adverse possession.
Real Property Aug. 9, 2005
Redevelopment Agency of the City of San Diego v. Attisha
Expert testimony on goodwill valuation should have been admitted in eminent domain case.
Real Property Aug. 9, 2005
Anolik v. EMC Mortgage Corp.
Mortgage company wrongfully foreclosed on homeowner.
Real Property Aug. 9, 2005