| Case # | Name | Category | Court | Judge | Published | 
|---|---|---|---|---|---|
| 
 B292905 
 | 
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 | 
 | 
K. Yegan | Nov. 25, 2019 | 
| 
 A154759 
 | 
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 | 
 | 
A. Tucher | Oct. 29, 2019 | 
| 
 B293301 
 | 
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 | 
 | 
L. Rubin | Oct. 11, 2019 | 
| 
 B288905 
 | 
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 | 
 | 
J. Wiley | Oct. 9, 2019 | 
| 
 E069070 
 | 
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 | 
 | 
R. Fields | Oct. 3, 2019 | 
| 
 G056741 
 | 
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 | 
 | 
R. Ikola | Sep. 17, 2019 | 
| 
 A151825 
 | 
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 | 
 | 
G. Sanchez | Sep. 17, 2019 | 
| 
 B286354 
 | 
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 | 
 | 
S. Perren | Sep. 11, 2019 | 
| 
 D073744 
 | 
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 | 
 | 
T. O'Rourke | Aug. 23, 2019 | 
| 
 S243247 
 | 
City of Oroville v. Superior Court 
 City of Oroville not liable in inverse condemnation because sewage backup was not unavoidable consequence of risk posed by the sewer system and plaintiffs lacked a legally required backwater valve.  | 
Real Property | 
 | 
M. Cuéllar | Aug. 16, 2019 | 
| 
 18-35616 
 | 
Barnes v. Chase Home Finance
 Plaintiff's loan was a residential mortgage transaction, without right of rescission, because he used the money to pay a property division judgment and his ex-wife's outstanding loan balance, thus reacquiring property.  | 
Real Property | 
 | 
B. Rothstein | Aug. 15, 2019 | 
| 
 B283986 
 | 
Ranch at the Falls LLC v. O'Neal 
 Trial court erroneously entered quiet title judgment despite plaintiff's failure to join indispensable parties to the litigation, and plaintiff's express, prescriptive and equitable easement claims failed.  | 
Real Property | 
 | 
E. Grimes | Aug. 2, 2019 | 
| 
 D073744 
 | 
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 | 
 | 
T. O'Rourke | Jul. 29, 2019 | 
| 
 B278271 
 | 
Eisen v. Tavangarian 
 Under California law, a landowner has no right to an unobstructed view, which includes any obstructions that may be caused by new improvements to neighboring property.  | 
Real Property | 
 | 
D. Perluss | Jun. 25, 2019 | 
| 
 A152549 
 | 
Raney v. Cerkueira 
 Automatic restraining order pursuant to Family Code Section 2040 allows elimination of right of survivorship but notice is required, so spouse could file or serve notice of severance before or after recording.  | 
Real Property | 
 | 
M. Simons | Jun. 19, 2019 | 
| 
 H044905 
 | 
Longview International Inc. v. Stirling
 Recording of abstract of judgment while corporation was suspended is a procedural matter which was retroactively validated when its corporate powers were restored.  | 
Real Property | 
 | 
A. Grover | Jun. 4, 2019 | 
| 
 S243294 
 | 
Black Sky Capital, LLC v. Cobb 
 Code of Civil Procedure Section 580d did not preclude creditor holding two deeds of trust on same property from recovering deficiency judgment on junior lien extinguished by nonjudicial foreclosure sale on the senior.  | 
Real Property | 
 | 
G. Liu | May 7, 2019 | 
| 
 A152827 
 | 
Modification: Taniguchi v. Restoration Homes
 Under Civil Code Section 2924c, borrower can cure default of loan and reinstate loan by paying amount of the default, including fees and costs, rather than entire accelerated balance; thus, summary judgment reversed.  | 
Real Property | 
 | 
M. Miller | May 6, 2019 | 
| 
 A152827 
 | 
Taniguchi v. Restoration Homes 
 Under Civil Code Section 2924c, borrower can cure default of loan and reinstate loan by paying amount of the default, including fees and costs, rather than entire accelerated balance; thus, summary judgment reversed.  | 
Real Property | 
 | 
M. Miller | May 2, 2019 | 
| 
 B295140 
 | 
Chun v. Del Cid 
 A property does not qualify as a single-family exemption under LAMC Section 12.03 if it does not fit the meaning of a detached dwelling and contains more than one dwelling unit.  | 
Real Property | 
 | 
T. Willhite | Apr. 29, 2019 | 
| 
 B278254 
 | 
York v. City of Los Angeles
 Trial court did not abuse its discretion in denying plaintiffs' mandate petition because denial of grading request did not preclude plaintiffs from submitting another, more modest, development proposal.  | 
Real Property | 
 | 
L. Edmon | Apr. 8, 2019 | 
| 
 A150002 
 | 
Point San Pedro Road Coalition v. County of Marin 
 Marin County's approval of Resolution No. 2015-108 unlawfully extended or enlarged San Rafael Rock Quarry Inc.'s nonconforming use, violating Marin County Code Section 22.122.010.A and the County's zoning ordinance.  | 
Real Property | 
 | 
I. Petrou | Apr. 5, 2019 | 
| 
 B284374 
 | 
Shoen v. Zacarias 
 Trial court's grant of an irrevocable license was an abuse of discretion because the court construed the 'substantial expenditure' requirement too permissively; thus, grant of irrevocable license reversed.  | 
Real Property | 
 | 
B. Hoffstadt | Apr. 5, 2019 | 
| 
 17-15796 
 | 
Bank of America v. Arlington West Twilight HOA
 A private lender can preserve its first deed of trust on a property and help homeowners explore alternatives to foreclosure by paying off the superpriority portion of the homeowners Association Lien.  | 
Real Property | 
 | 
P. Curiam (9th Cir.) | Apr. 4, 2019 | 
| 
 D073378 
 | 
JPMorgan Chase Bank, N.A. v. Ward 
 Although defendant did not indicate his signing capacity, deed of trust conveyed good title to property; thus, judgment was reversed.  | 
Real Property | 
 | 
W. Dato | Apr. 1, 2019 | 
| 
 D071849 
 | 
Bevis v. Terrace View Partners, LP
 If no rent control ordinance applies to a property, its owner generally cannot be held civilly liable for charging rent or increasing rent expressly allowed under the parties' lease agreement.  | 
Real Property | 
 | 
J. McConnell | Mar. 25, 2019 | 
| 
 17-1307 
 | 
Obduskey v. McCarthy & Holthus LLP
 Law firm engaged in no more than nonjudicial foreclosure proceedings is not a 'debt collector' under Fair Debt Collection Practices Act; thus, act's other requirements did not apply.  | 
Real Property | 
 | 
S. Breyer | Mar. 21, 2019 | 
| 
 E067938 
 | 
Citrus El Dorado v. Chicago Title Co.
 Trustee's sale of real property following nonjudicial foreclosure is subject to tort liability only for the violation of duties established by the deed of trust and governing statutes; thus, defendant's demurrer properly sustained.  | 
Real Property | 
 | 
M. Raphael | Mar. 7, 2019 | 
| 
 B284550 
 | 
City of Sierra Madre v. SunTrust Mortgage 
 Authorizing a super-priority lien to secure loan taken by receiver to fund remediation of defendants' property not abuse of discretion; receiver has broad powers under Code of Civil Procedure Section 568.  | 
Real Property | 
 | 
L. Lavin | Feb. 28, 2019 | 
| 
 E068064 
 | 
Orchard Estate Homes v. Orchard Homeowners Alliance 
 Voter apathy not a required element to reduce the percentage of affirmative votes to adopt an amendment to the covenants, conditions, and restrictions of a planned development under Civil Code Section 4275.  | 
Real Property | 
 | 
M. Ramirez | Feb. 25, 2019 | 
