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Name Category Published
Scher v. Burke
Civil Code Section 1009 preclude both recreational and non-recreational public use of non-coastal property from ripening into an implied dedication of a public road. 		Real Property Jun. 15, 2017
Black Sky Capital LLC v. Cobb
Judgment entered in debtor's favor overturned where lienholder's claim for balance due on junior loan not barred by anti-deficiency statutes. 		Real Property Jun. 14, 2017
Hardesty v. State Mining and Geology Board
Landowner with federal mining patents unsuccessful in overturning State Mining and Geology Board's finding that he did not have grandfathered right to surface mine. 		Real Property Jun. 2, 2017
People ex rel. Harris v. Aguayo
Real estate scammers unsuccessful in challenging adverse judgment in civil enforcement action for violation of unfair competition laws. 		Real Property May 30, 2017
Thompson v. Ioane
In dispute over title to real property summary judgment improperly granted in plaintiff's favor, where there remains triable issue of fact with respect to his chain of title. 		Real Property May 30, 2017
Kutzke v. City of San Diego
City's denial of project revived where owners' plan to split hilltop lots was incompatible with existing community plan and would result in undesirable project. 		Real Property May 24, 2017
Hardesty v. State Mining and Geology Board
Landowner with federal mining patents unsuccessful in overturning State Mining and Geology Board's finding that he did not have grandfathered right to surface mine. 		Real Property May 18, 2017
Hinrichs v. Melton
Preexisting use not a required condition of an equitable easement; courts weigh hardships and consider potential irreparable harms. 		Real Property May 4, 2017
Clary v. City of Crescent City
City lawfully placed lien on property for costs of nuisance abatement despite property owner's relentless assertion that overgrown bushes and rubbish were not a nuisance. 		Real Property May 3, 2017
Bank of America Corp. v. City of Miami
Foreseeability is insufficient to establish proximate cause under the Fair Housing Act; 'direct relation' between injury asserted and injurious conduct alleged is required. 		Real Property May 2, 2017
Nautilus Inc. Yang
Despite misapplication of burden of proof, good faith defense established to claim of fraudulent conveyance. 		Real Property Apr. 25, 2017
Danger Panda LLC v. Launiu
Minor displaced by Ellis Act is not a 'tenant' under the San Francisco Rent Ordinance and is therefore not entitled to relocation payment. 		Real Property Apr. 6, 2017
Ivanoff v. Bank of America N.A.
Although court incorrect in concluding claims are barred by res judicata, demurrer properly sustained based on statute of limitations ground. 		Real Property Mar. 15, 2017
Dr. Leevil LLC v. Westlake Health Care Center
Purchaser of foreclosed property may evict occupant by serving notice to quit even if title had yet to be perfected at time of service. 		Real Property Mar. 8, 2017
Vieira Enterprises Inc. v. McCoy
Termination of neighbor's recorded right of way in private road unsuccessful, where plaintiff's occupation is not sufficiently hostile to establish quiet title via adverse possession. 		Real Property Feb. 24, 2017
Blanchette v. Superior Court (GHA Enterprises Inc.)
In construction defect cases, builder must promptly raise defects in notice of claim within time specified under Right to Repair Act. 		Real Property Feb. 13, 2017
OC Interior Services LLC v. Nationstar Mortgage LLC
Void default judgment is nullity for all purposes and title did not pass to purported bona fide purchaser free of first deed of trust. 		Real Property Feb. 2, 2017
Kalnoki v. First American Trustee Servicing Solutions LLC
Homeowners fail to overturn dismissal of their wrongful foreclosure action based on 'documentary fraud' especially where homeowners failed to establish prejudice. 		Real Property Feb. 2, 2017
Gillies v. JPMorgan Chase Bank N.A.
'Game over' for abusive attorney who tried to game the system by filing multiple lawsuits against lender while possessing property he long stopped paying. 		Real Property Jan. 24, 2017
Horiike v. Coldwell Banker Residential Brokerage Co.
In dual agent transaction, associate licensee functioning on real estate broker's behalf owes 'equivalent' duty of disclosure as broker. 		Real Property Nov. 21, 2016
Nellie Gail Ranch Owners Association v. McMullin
Homeowners who built wall in contravention of development's governing rules waive estoppel defense by not raising it at trial, and by blatant flouting of rules. 		Real Property Oct. 30, 2016
Mendez v. Rancho Valencia Resort Partners LLC
Five-star resort prevails over neighbors who claimed that noise emanating from its outdoor events constituted private nuisance. 		Real Property Sep. 13, 2016
Lucioni v. Bank of America N.A.
Borrower unsuccessful in obtaining injunction to prevent nonjudicial foreclosure, where Homeowner's Bill of Rights only authorizes injunctive relief for violation of specifically enumerated sections. 		Real Property Sep. 8, 2016
City of Perris v. Stamper
In condemnation case, application of 'Porterville' doctrine rather than 'project effect rule' results in reversal and remand. 		Real Property Aug. 16, 2016
Walters v. Boosinger
Action to quiet title premised on theory of fraud may not be brought 'at any time,' but is subject to three-year limitations period applicable to fraud claims. 		Real Property Aug. 15, 2016
Rancho Mirage Country Club Homeowners Association v. Hazelbaker
Homeowner association properly awarded fees and costs pursuant to fee-shifting provision of the Davis-Stirling Act as prevailing party in condominium dispute. 		Real Property Aug. 11, 2016
Woods v. U.S. Bank N.A.
Borrowers' post-sale claims challenging foreclosure sale of real property barred where incorrect listing of beneficiary in notice of sale not significant enough to upset finality of foreclosure. 		Real Property Aug. 4, 2016
Weeping Hollow Avenue Trust v. Spencer
Joinder of former resident who previously suffered foreclosure appropriate in quiet title action, divesting federal court of diversity jurisdiction over citizens of Nevada. 		Real Property Aug. 3, 2016
Friends of the Hastain Trail v. Coldwater
Use of decades old fire road on private property as hiking trail does not constitute implied dedication of land for public use. 		Real Property Jul. 29, 2016
Sciarratta v. U.S. Bank National Association
Reversal of dismissal results where homeowner foreclosed on by one purporting to exercise rights under void assignment suffers sufficient prejudice to assert wrongful foreclosure. 		Real Property May 19, 2016
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