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Pinnacle Museum Tower Association v. Pinnacle Market Development (US) LLC
Homeowners' association is not bound by arbitration provision in declaration of covenants, conditions, and restrictions recorded by developer of condominium project.
Real Property Aug. 2, 2010
Bookout v. State of California ex rel. Dept. of Transportation
Suit against public entities that allegedly damaged private property is barred by three-year statute of limitations.
Real Property Jul. 29, 2010
Geo-Energy Partners-1983 Ltd. v. Salazar
1988 Amendments to Geothermal Steam Act do no apply to pre-amendment lease agreement provisions allowing automatic contraction.
Real Property Jul. 28, 2010
People ex rel. City of Santa Monica v. Gabriel
Award of attorney fees against landlord is improper where plaintiff's unfair competition law action was predicated on violations of city's municipal code.
Real Property Jul. 15, 2010
Bank of America v. Stonehaven Manor LLC
Co-guarantor’s property is subject to attachment for debtor’s debt where guarantor contractually waived right to rely on other guarantors’ collateral.
Real Property Jul. 13, 2010
Jackson v. County of Amador
County recorder is required to record documents because they were notarized, despite being fraudulent.
Real Property Jul. 8, 2010
Torrey Hills Community Coalition v. City of San Diego (Westbrook Torrey Hills L.P.)
Statute of limitations under Subdivision Map Act is not tolled where plaintiff fails to make effort to serve summons before deadline.
Real Property Jul. 6, 2010
Edwards v. The First American Corporation
Plaintiff only needs to show charges, not overcharges, for settlement services to establish injury under Real Estate Settlement Procedures Act.
Real Property Jun. 22, 2010
Stop the Beach Renourishment Inc. v. Florida Dept. of Environmental Protection
Florida beachfront property owners cannot claim government taking of state restored shoreline because their rights were subordinate to state’s right to restore.
Real Property Jun. 18, 2010
GreenLake Capital LLC v. Bingo Investments LLC
Disputed issue of fact exists as to whether company engages in real estate broker business by raising financing for another company.
Real Property Jun. 15, 2010
Embassy LLC v. City of Santa Monica
Settlement agreement between city and landlord is public entity contract wherein waiver of Ellis Act rights is invalid.
Real Property Jun. 15, 2010
City of San Jose v. Union Pacific Railroad Co.
Court compensation in action where city seeks to condemn roadway easements over railroads correctly adheres to case law.
Real Property Jun. 14, 2010
Luna v. Brownell
Quitclaim deed transferring property to trustee in anticipation of trust’s creation is valid although trust did not exist when deed was executed.
Real Property Jun. 14, 2010
Mabry v. Superior Court (Aurora Loan Services)
Private right of action exists to enforce statute requiring lender to contact borrower to assess financial situation and explore options to avoid foreclosure.
Real Property Jun. 4, 2010
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 Jun. 1, 2010
Beutz v. County of Riverside
County fails to meet constitutional burden of demonstrating assessment was proportional to value of special benefits project would confer on assessed properties.
Real Property May 28, 2010
Glendale Redevelopment Agency v. County of Los Angeles
Redevelopment agencies are not prohibited from correcting errors in statements of indebtedness by filing revised documents with county.
Real Property May 27, 2010
612 South LLC v. Laconic Limited Partnership
Purchaser has constructive notice of property bond where notice of assessment is recorded in county recorder’s office and contained in title report.
Real Property May 26, 2010
Citizens for Responsible Equitable Environmental Development v. City of San Diego (Westfield LLC)
City has discretion to vacate rights-of-way or easements under Subdivision Map Act or Public Streets, Highways, and Service Easements Vacation Law.
Real Property May 20, 2010
Tarlesson v. Broadway Foreclosure Investments LLC
Resident qualifies for homestead exemption to satisfy judgment debt because home was principal residence prior to attachment of judgment lien.
Real Property May 17, 2010
MKB Management Inc. v. Melikian
Property management contract may be severable to allow plaintiff to recover for lawful services provided, which do not require license.
Real Property May 16, 2010
Adam Bros. Farming Inc. v. County of Santa Barbara
Landowners' federal claim alleging that county had taken land without just compensation via false wetland delineation is barred by res judicata.
Real Property May 16, 2010
Ridgewater Associates LLC v. Dublin San Ramon Services District
Party who knowingly purchased property that was subject to periodic water intrusion cannot recover for inverse condemnation.
Real Property May 12, 2010
USA Waste of California Inc. v. City of Irwindale
Anti-SLAPP statute does not apply to cross-complaint challenging land use guidelines issued by city.
Real Property Apr. 28, 2010
Plaza Home Mortgage Inc. v. North American Title Co. Inc.
Settling agent’s duties under closing instruction contract do not end at close of escrow, but rather when loans are closed.
Real Property Apr. 28, 2010
City of Cerritos v. Cerritos Taxpayers Association
Privately owned project in which 16 percent of apartments are designated as low-income households need not be submitted to vote of electorate.
Real Property Apr. 22, 2010
Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA
Bona fide error defense does not apply to violations resulting from debt collector’s mistaken interpretation of Fair Debt Collection Practices Act.
Real Property Apr. 22, 2010
Garcia v. World Savings FSB
Homeowners present sufficient evidence of lender’s promise to delay foreclosure and their detrimental reliance on the promise to support promissory estoppel claim.
Real Property Apr. 13, 2010
Sabi v. Sterling
Assistance payments pursuant to Section 8 of United States Housing Act are not ‘sources of income’ for eligible tenant.
Real Property Apr. 12, 2010
Alatriste v. Cesar's Exterior Designs Inc.
Hiring party's knowledge of landscaper’s unlicensed contractor status does not bar reimbursement claim.
Real Property Apr. 8, 2010