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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
Zieve, Brodnax & Steele, LLP v. Dhindsa
Owner of unencumbered 25 percent interest in property was entitled to a proportionate share of surplus proceeds.
Real Property 5DCA May 15, 2020
Modesto Irrigation Dist. v. Tanaka
Conveyance to defendant's great-grandfather conveyed riparian rights; thus, she had the rights to divert water from river.
Real Property 3DCA May 11, 2020
Ruiz v. County of San Diego
Use of private land for public purposes alone was not enough to constitute implied acceptance of drainage easement.
Real Property 4DCA/1 Apr. 8, 2020
Matson v. S.B.S. Trust Deed Network
A party is not entitled to rescission of nonjudicial foreclosure sale absent evidence of irregularity, fraud or unfairness in nonjudicial foreclosure notice and sale proceedings.
Real Property 4DCA/1 Mar. 9, 2020
Constellation-F, LLC v. World Trading 23, Inc.
Holdover rent provision was not a penalty that was void under Civil Code Section 1671 because graduated rentals are not damages, but are the rate for leasing property.
Real Property 2DCA/8 Feb. 11, 2020
Aldea Dos Vientos v. CalAtlantic Group, Inc.
A covenant, code, or restriction that mandates 51 percent of homeowner association members vote to arbitrate construction defect claims prior to initiating litigation is contrary to public policy and thus unenforceable.
Real Property 2DCA/6 Feb. 7, 2020
Calvary Chapel Bible Fellowship v. County of Riverside
Riverside County did not violate the Religious Land Use and Institutionalized Person's Act's equal terms provision because it prohibited both religious and secular institutions from staging events without charging a fee.
Real Property 9th Feb. 5, 2020
Gamerberg v. 3000 E. 11th Street, LLC
An irrevocable license is not binding on a subsequent purchaser of land who takes without notice.
Real Property 2DCA/7 Jan. 23, 2020
Taniguchi v. Restoration Homes LLC
Civil Code Section 2953's anti-waiver rule prevents a lender from forcing a borrower to contract away their statutory right to cure a mortgage default under Section 2924c.
Real Property 1DCA/2 Dec. 18, 2019
Canyon View Ltd. v. Lakeview Loan Servicing, LLC
Mobilehome Residency Law addresses right of purchaser at MRL-regulated abandonment sale to take title free and clear of liens; thus, plaintiff's actions arose out of MRL and plaintiff was entitled to attorney fees.
Real Property 2DCA/1 Dec. 6, 2019
Leiper v. Gallegos
Appellant was the surface owner to property but he did not own an interest in the oil and gas; thus, trial court's quiet title judgment was affirmed.
Real Property 2DCA/6 Nov. 25, 2019
Denham, LLC v. City of Richmond
Under Government Code Section 65754, when an ordinance conflicts with the general plan of a city, the city should be permitted to correct the conflict.
Real Property 1DCA/4 Oct. 29, 2019
Greene v. California Coastal Commission
Under 'Sinaiko v. Superior Court,' general objections will not satisfy the requirement that all administrative remedies must be exhausted before the court must act.
Real Property 2DCA/5 Oct. 11, 2019
Myles v. Pennymac Loan Services
It is not enough for a homeowner to allege a mortgage assignment was voidable. The homeowner must provide facts supporting why the assignment is void as a matter of law.
Real Property 2DCA/8 Oct. 9, 2019
Tesoro Logistic Operations, LLC v. City of Rialto
A tax that taxes the ownership of a facility's storage tanks regardless of whether the tanks are used is a real property tax, not a business license tax.
Real Property 4DCA/2 Oct. 3, 2019
City of Dana Point v. New Method Wellness, Inc.
Unlicensed properties operating as drug treatment facilities violated City's zoning ordinance and constituted a public nuisance, warranting issuance of a permanent injunction.
Real Property 4DCA/3 Sep. 17, 2019
Reynolds v. Lau
Under San Francisco Residential Rent Stabilization and Arbitration Ordinance Section 37.9, a landlord may evict a tenant to occupy that unit so long as it is done in good faith.
Real Property 1DCA/1 Sep. 17, 2019
Southern Cal. Edison Co. v. Severns
Based on language in conveyances, plaintiff was granted 'floating easements' over property to access its electrical facilities which became 'fixed' easements due to history of use.
Real Property 2DCA/6 Sep. 11, 2019
Modification: Cleveland Nat. Forest Foundation v. County of San Diego
County Board did not properly consider the connection between residential and agricultural uses as required by Subdivision Map Act Section 66474.4 and the Williamson Act.
Real Property 4DCA/1 Aug. 23, 2019