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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
Modification: County of Sonoma v. U.S. Bank N.A.
Trial court was authorized under Health and Safety Code Section 17980.7 and Code of Civil Procedure Section 564 to issue receiver's certificate, secured by super-priority lien, to ameliorate nuisance conditions on property.
Real Property 1DCA/1 Oct. 29, 2020
Tiburon/Belvedere Residents United to Support the Trails v. Martha Co.
Substantial evidence supported the trial court's finding that defendant's attempts to deter trespassers on its 110 acres of undeveloped land showed it did not acquiesce to public dedication.
Real Property 1DCA/5 Oct. 28, 2020
Robin v. Crowell
Statute of limitations on judicial action to foreclose the first deed of trust had run, and the lien had been extinguished, prior to the filing of plaintiff's quiet title action.
Real Property 5DCA Oct. 12, 2020
County of Sonoma v. U.S. Bank N.A.
Trial court was authorized under Health and Safety Code Section 17980.7 and Code of Civil Procedure Section 564 to issue receiver's certificate, secured by super-priority lien, to ameliorate nuisance conditions on property.
Real Property 1DCA/1 Oct. 9, 2020
Martis Camp Community Assn. v. County of Placer
Trial court did not err in concluding there was no violation of Ralph M. Brown Act.
Real Property 3DCA Aug. 19, 2020
Vasquez v. LBS Financial Credit Union
If abstract of judgment is improperly indexed and thus not locatable by proper search, mere recordation is insufficient to charge subsequent purchaser with notice.
Real Property 2DCA/7 Jul. 16, 2020
WFG National Title Ins. v. Wells Fargo Bank etc.
Title derived through forged instrument is completely unenforceable regardless of whether it was duly recorded by a bonafide purchaser.
Real Property 2DCA/3 Jul. 9, 2020
M&T Bank v. SFR Investments Pool 1
Quiet title actions are 'contract' claims under Housing and Economic Recovery Act, subject to statute of limitations of at least six years.
Real Property 9th Jun. 26, 2020
CitiMortgage v. Corte Madera Homeowners Association
Lender's mere offer to pay at a later time, after superpriority amount is determined, is not a valid tender.
Real Property 9th Jun. 22, 2020
Owens v. City of Oakland Housing, Residential Rent
Single-family homeowner renting out rooms to multiple persons transforms single-unit dwelling into multi-unit dwelling; thus, that portion of home is not exempt from local rent regulations.
Real Property 1DCA/3 Jun. 3, 2020
SLPR, L.L.C. v. San Diego Unified Port District
Plaintiffs' claims were barred because overwhelming extrinsic evidence clarified previous judgment fixing boundaries between private and public lands.
Real Property 4DCA/1 May 27, 2020