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Azadozy v. Nikoghosian
Person with unrecorded title to property sold at tax sale is not entitled to excess proceeds of sale.
Real Property Aug. 9, 2005
Melendrez v. D & I Investment Inc.
Experienced foreclosure buyer is bona fide purchaser despite buying property below fair market value.
Real Property Aug. 9, 2005
James O'Toole Co. Inc. v. Los Angeles Kingsbury Court Owners Association
Homeowners association may be ordered to impose emergency assessment to pay civil judgment.
Real Property Aug. 9, 2005
State of California v. City of Long Beach
City of Long Beach may use tideland oil revenues to defray future cost of plugging and abandoning oil wells.
Real Property Aug. 8, 2005
City of San Diego v. Barrat American Inc.
City cannot use abandonment of freeway project to minimize value of property taken by condemnation.
Real Property Aug. 3, 2005
Sullivan v. Dorsa
Action to partition real property by sale cannot include award of brokerage commission for unconsummated sale.
Real Property Aug. 3, 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. 3, 2005
Brown v. Professional Community Management Inc.
Assessments levied by homeowners association did not exceed amount necessary to defray its expenses.
Real Property Jul. 31, 2005
Bisno v. Santa Monica Rent Control Bd
Rent control board may adopt regulation allowing landlord to petition for rent increase for tenant who does not principally reside at unit.
Real Property Jul. 26, 2005
Opinion of Lockyer
County did not obtain fee title ownership to land to be used as county highway where language of deed was ambiguous.
Real Property Jul. 20, 2005
U.S. v. Nava
Drug dealer's daughter proved she held legal title to properties in criminal forfeiture proceeding.
Real Property Jun. 20, 2005
Jones v. Union Bank of California
Antideficiency legislation does not preclude award of attorney fees to bank in action to set aside nonjudicial foreclosure.
Real Property Jun. 19, 2005
Horwitz v. City of Los Angeles
City must revoke permit that allowed construction of house 14 feet closer to street than permitted by municipal code.
Real Property Jun. 17, 2005
Anolik v. EMC Mortgage Corp.
Mortgage company wrongfully foreclosed on homeowner.
Real Property Jun. 14, 2005
Uniwill LP v. City of Los Angeles
Company that was prevented from constructing shopping center until it granted utility easement may sue for inverse condemnation.
Real Property Mar. 17, 2005
Mix v. Superior Court (Behniwal)
Trial court used wrong standard in rejecting motion to expunge notice of lis pendens.
Real Property Feb. 14, 2005
Salawy v. Ocean Towers Housing Corp.
Apartment cooperative is not entitled to attorney fees where residents' claim was not brought to enforce governing documents.
Real Property Feb. 8, 2005
Reidy v. City and County of San Francisco
Landlord may remove property from rental market without complying with local law requiring replacement units.
Real Property Jan. 14, 2005
Hurwitz v. City of Orange
Property owner's monetary award in condemnation action filed by city is proper.
Real Property Jan. 14, 2005
Moores v. Board of Supervisors of Mendocino County
Plots automatically merged by county ordinance stay merged, though county did not comply with notice requirements.
Real Property Jan. 14, 2005
Regents of the University of California v. Sheily
Dentist failed to prove by preponderance of evidence that he was entitled to compensation for loss of goodwill.
Real Property Jan. 14, 2005
Knapp v. Doherty
Minor procedural irregularity in foreclosure sale is not enough to set aside trustee's sale.
Real Property Jan. 10, 2005
Gibbo v. Berger
Loan prepared by real estate broker is not exempt from usury protections.
Real Property Jan. 10, 2005
Reidy v. City and County of San Francisco
Landlord may remove property from rental market without complying with local law requiring replacement units.
Real Property Jan. 10, 2005
D'Orsay Int'l Partners v. Superior Court (Stone)
Contractor could not assert mechanic's lien when construction did not commence on property.
Real Property Jan. 10, 2005
Burnett v. Chimney Sweep
Provision of lease limiting landlord's liability that failed to expressly preclude liability for negligence does not preclude tenant's suit for mildew damages.
Real Property Jan. 10, 2005
Travis v. County of Santa Cruz
Because facial attack on land-use ordinance is subject to 90-day statute of limitations, petitioners' action is time-barred.
Real Property Jan. 5, 2005
Tesco Controls Inc. v. Monterey Mechanical Co.
Release of mechanic's lien creates waiver of all lien rights up to stated date, but allows mechanic compensation under contract.
Real Property Dec. 5, 2004
U.S. v. Real Property Located at 5208 Los Franciscos Way
Court properly determined that transfer of property was fraudulent based on failure to oppose motion.
Real Property Nov. 30, 2004
Larsson v. Grabach
Easement by implication can exist when property is divided and distributed by court decree among heirs after property owner's death.
Real Property Oct. 7, 2004