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United States v. Orr Water Ditch Co. (Grand Slam Enterprises LLC)
District court has subject matter jurisdiction over appeals from state engineer decisions based on federal water rights decree. 		Real Property Apr. 8, 2010
LEG Investments v. Boxler
Right of first refusal in tenancy in common agreement does not constitute absolute waiver of right to partition. 		Real Property Apr. 2, 2010
Grotenhuis v. County of Santa Barbara
Resident is not entitled to property tax exemption or transfer of tax basis because owner of record was resident’s corporation. 		Real Property Mar. 15, 2010
Clear Lake Riviera Community Association v. Cramer
Circumstantial evidence that its use restrictions were properly adopted is enough for common interest association to enforce such restrictions. 		Real Property Feb. 28, 2010
Forsgren Associates Inc. v. Pacific Golf Community Development LLC
Mechanic’s lien does not attach to entire adjacent property where only limited portion of that property obtained benefits of improvement. 		Real Property Feb. 24, 2010
Kuish v. Smith
Nonrefundable deposit clause is unenforceable where retention of escrow deposit is not measured against actual damage in rising market. 		Real Property Feb. 12, 2010
Chacon v. Litke
Tenants do not forfeit right to reoccupy by holding over in violation of landlord's 60-day notice to temporarily terminate tenancy to make repairs. 		Real Property Feb. 10, 2010
Woodland Park Management LLC v. City of East Palo Alto Rent Stabilization Board
Rent Stabilization and Eviction for Good Cause Ordinance authorizes recovery of attorney fees only in proceedings between landlords and tenants. 		Real Property Feb. 3, 2010
Kendall v. Walker
In determining proper dividing line between adjoining littoral landowners, boundary is fixed by line drawn into water perpendicular to shore line. 		Real Property Jan. 29, 2010
UDC-Universal Development L.P. v. CH2M Hill
Consultant's duty to defend developer against homeowners association’s negligence action arises despite lack of underlying claim of negligence against consultant. 		Real Property Jan. 19, 2010
PR/JSM Rivara LLC v. Community Redevelopment Agency of the City of Los Angeles
Redevelopment agency is not required to provide notice and conduct public hearings when performing non-legislative function of implementing plan with design guidelines. 		Real Property Jan. 14, 2010
Junkin v. Golden West Foreclosure Service Inc.
Statutory maximum limitation set forth by usury law is not applicable to parties engaged in joint ventures. 		Real Property Jan. 7, 2010
Banc of America Leasing & Capital LLC v. 3 Arch Trustee Services Inc.
Trustee in nonjudicial foreclosure sale does not have duty to search for, verify, prioritize, and distribute surplus funds to junior lien holder. 		Real Property Jan. 6, 2010
Opinion of Brown
Dept. of Transportation may sell property purchased by gas tax revenue for below market value in accordance with State Constitution. 		Real Property Jan. 5, 2010
Reddell v. California Coastal Commission
California Coastal Commission properly denies project development based on local coastal plan and zoning designation where residential use outweighed commercial use. 		Real Property Dec. 30, 2009
Washington Mutual Bank v. Jacoby
Buyer is not entitled to excess funds from sheriff's sale and insurance policy in satisfaction of promissory note secured by deed of trust. 		Real Property Dec. 24, 2009
Park 100 Investment Group II v. Ryan
Lis pendens is allowable on dominant tenement as matter of law when litigation includes easement dispute. 		Real Property Dec. 24, 2009
Turner v. Vista Pointe Ridge Homeowners Association
Homeowners Association’s actions related to conditions, covenants, and restrictions review and enforcement is not in furtherance of free speech right. 		Real Property Dec. 23, 2009
Millennium Rock Mortgage Inc. v. T.D. Service Co.
Trustee may rescind sale of property where auctioneer mistakenly opened bidding with credit bid from different foreclosure. 		Real Property Dec. 23, 2009
Millennium Rock Mortgage Inc. v. T.D. Service Co.
Trustee may rescind sale of property where auctioneer mistakenly opened bidding with credit bid from different foreclosure. 		Real Property Dec. 21, 2009
Donley v. Davi
Unrestricted real estate license is properly denied on grounds of moral turpitude where applicant domestically abused girlfriend. 		Real Property Dec. 21, 2009
McCoy v. Gustafson
Statute of limitations bars trespass and nuisance claims where jury found that it was unknown whether property contamination could have been abated. 		Real Property Dec. 16, 2009
Kearney v. Foley & Lardner LLP
'Sham' exception to the <EM>Noerr-Pennington</EM> doctrine applies if intentional misrepresentations to court were made. 		Real Property Dec. 10, 2009
Schoenberg v. County of Los Angeles Assessment Appeals Board
Appeals Board’s valuation of property is correct when owner’s original appeal disproves subsequent claim, and because mandate remedy is unavailable to him. 		Real Property Dec. 6, 2009
Wollmer v. City of Berkeley (1950 MLK LLC)
Under Density Bonus Law, project's base number is calculated exclusive of units authorized by mandatory or discretionary density bonuses. 		Real Property Nov. 26, 2009
Millennium Rock Mortgage Inc. v. T.D. Service Co.
Trustee may rescind sale of property where auctioneer mistakenly opened bidding with credit bid from different foreclosure. 		Real Property Nov. 24, 2009
Fidelity National Title Insurance Co. v. Schroeder
Lien attaches to debtor's equitable interest in resulting trust where debtor is intended beneficiary of transfer meant to avoid creditor's judgment lien. 		Real Property Nov. 24, 2009
Hoffman v. Smithwoods RV Park LLC
Mobilehome park owner does not violate Mobilehome Residency Law by refusing to permit installation of mobilehome and imposing new rules on heir. 		Real Property Nov. 22, 2009
Wells Fargo Bank v. Neilsen
'Partial subordination' principle applies where inconsistency regarding priority of liens is created by successive deeds of trust and intervening subordination agreement. 		Real Property Nov. 10, 2009
Schmidli v. Pearce
Notice of default is not part of record for purposes of expiration of lien of deed of trust under statute of limitations. 		Real Property Nov. 5, 2009
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