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Bollay v. California Office of Administrative Law (California State Lands Commission)
Commission’s policy regulating mean high tide line does not simply reiterate law, and therefore is subject to procedural requirements under Administrative Procedure Act. 		Real Property Mar. 2, 2011
Smith v. Home Loan Funding Inc.
Court properly finds loan officer acted as mortgage broker, not just mortgage lender, after stating to borrower he would ‘shop’ loan around. 		Real Property Feb. 25, 2011
Avalon Pacific-Santa Ana L.P. v. HD Supply Repair & Remodel LLC
Cost of repair award is improper when lease has neither expired nor been terminated and while lessor continues to receive monthly rent. 		Real Property Feb. 23, 2011
Gomes v. Countrywide Home Loans Inc.
Nonjudicial foreclosure statute does not give debtor right to bring court action to determine if lender’s nominee has authority to initiate such proceedings. 		Real Property Feb. 22, 2011
Dept. of Fair Employment and Housing v. Mayr
Award of attorney fees and costs against DFEH is prohibited in housing discrimination action after jury found in favor of defendants. 		Real Property Feb. 10, 2011
Cobb v. City of Stockton
Claim for inverse condemnation does not accrue until city's occupation of property became wrongful when eminent domain proceeding was dismissed. 		Real Property Jan. 27, 2011
Citizens Planning Association v. City of Santa Barbara (Peak-Las Positas Partners)
Construction of bridge across city-owned parkland to provide beach access to private development does not constitute public park purpose and is subject to voter-approval. 		Real Property Jan. 26, 2011
Monterey/Santa Cruz County Building and Construction Trades Council v. Cypress Marina Heights LP
Deed containing covenant to pay at prevailing rate and deemed to run with land in perpetuity binds land developer who later acquired land. 		Real Property Jan. 25, 2011
Villa Vicenza Homeowners Association v. Nobel Court Development LLC
Arbitration provision contained in developer’s recorded declaration of covenants, conditions, and restrictions is not binding contract term. 		Real Property Jan. 11, 2011
ZC Real Estate Tax Solutions v. Ford
Delinquency payment for failure to timely pay real estate taxes may not be canceled based on failure to send payment to correct address. 		Real Property Dec. 29, 2010
Shuman v. Ignatin
Challenges to recorded amendments to general plan’s recorded restrictions must be brought within four years of recording. 		Real Property Dec. 26, 2010
Transwestern Pipeline Co. LLC v. Agua Fria Investments LLC
Right to costs and fees is not triggered when private entity abandons condemnation proceeding, even if entity is exercising federally granted condemnation power. 		Real Property Dec. 8, 2010
Building Industry Association of Central California v. County of Stanislaus
County’s requirement that developer dedicate easements as condition to development approval is reasonably related to county’s objective to conserve agricultural land. 		Real Property Nov. 29, 2010
Or Khaim Hashalom v. City of Santa Monica
Commercial enterprise owned by not-for-profit religious corporation does not qualify for exemption from historic preservation laws provided to noncommercial properties. 		Real Property Nov. 22, 2010
Affan v. Portofino Cove Homeowners Association
Judicial deference to homeowners association is not proper where association's failure to take action was not good faith decision based on reasonable investigation. 		Real Property Nov. 1, 2010
Tracy Joint Unified School District v. Pombo
Property owners subject to eminent domain proceedings are entitled to litigation costs where pretrial settlement offer was unreasonable considering evidence and jury award. 		Real Property Oct. 31, 2010
Vuki v. Superior Court (HSBC Bank USA)
Civil Code Sections 2923.52 and 2923.53 are enforceable only by regulatory agencies, and not subject to private action. 		Real Property Oct. 31, 2010
Sarale v. Pacific Gas & Electric Co.
Court lacks jurisdiction to adjudicate claim that public utility engaged in excessive tree trimming where vegetation management practices fell within PUC’s jurisdiction. 		Real Property Oct. 17, 2010
Holmes v. Summer
Broker has duty to disclose substantial risk that seller could not transfer title free and clear of monetary liens and encumbrances. 		Real Property Oct. 7, 2010
Carter v. Cohen
Relief for excess rent payments in violation of Los Angeles Rent Stabilization Ordinance is valid, despite illegality of underlying lease agreement. 		Real Property Sep. 28, 2010
Malkoskie v. Option One Mortgage Corp.
Plaintiffs may not bring quiet title action against prevailing party in previous unlawful detainer action based on same claims. 		Real Property Sep. 24, 2010
County of Los Angeles v. Sahag-Mesrob Armenian Christian School
Religious school operating without a permit in property zoned for single-family residence cannot claim injunction substantially burdens exercise of religion. 		Real Property Sep. 23, 2010
Pacific Palisades Bowl Mobile Estates LLC v. City of Los Angeles
City may require compliance with Mello Act and Coastal Act when conversion to resident ownership is sought for mobilehome park in coastal zone. 		Real Property Sep. 1, 2010
Colony Cove Properties LLC v. City of Carson
City may not impose additional conditions not authorized by statute governing mobilehome park conversions. 		Real Property Sep. 1, 2010
Purdum v. Holmes
Plaintiff’s complaint against notary is barred by six-year statute of limitations set forth in Code of Civil Procedure Section 338. 		Real Property Aug. 23, 2010
Farr v. County of Nevada
Assessment Appeals Board’s failure to apply burden of proof presumption in favor of homeowner requires reversal of judgment. 		Real Property Aug. 18, 2010
Soifer v. Chicago Title Co.
Plaintiff cannot recover for title company's incorrect statements regarding condition of title absent policy of title insurance or purchase of abstract of title. 		Real Property Aug. 17, 2010
Perlas v. GMAC Mortgage LLC
In fraudulent misrepresentation claim, borrowers cannot rely on lender’s purported false determination they qualified for loan as determination they could afford loan. 		Real Property Aug. 12, 2010
Soifer v. Chicago Title Co.
Plaintiff cannot recover for title company's incorrect statements regarding condition of title absent policy of title insurance or purchase of abstract of title. 		Real Property Aug. 11, 2010
Los Angeles Unified School District v. Casasola
Mitigation expenses that are considered ‘moving’ expenses are not compensable in eminent domain action. 		Real Property Aug. 6, 2010
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