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Hutton v. Fidelity National Title Co.
Lawsuit against escrow company for charging notarization fees above statutory limit fails because additional fee was attributable to other services provided by notary.
Real Property Feb. 25, 2013
ABCO LLC v. Eversley
Los Angeles landlord may not increase rent for premises used by tenant as workspace and residence within larger building with multiple spaces.
Real Property Feb. 15, 2013
Aguayo v. Amaro
Adverse possession claim fails because plaintiff proceeded with 'unclean hands' by filing deceitful deed that caused tax bills to be redirected from legal owners.
Real Property Feb. 15, 2013
Acquire II Ltd. v. Colton Real Estate Group
Real estate group may be able compel arbitration of investors’ claims, even if only some had arbitration provisions in their governing documents.
Real Property Feb. 12, 2013
Hutton v. Fidelity National Title Co.
Lawsuit against escrow company for charging notarization fees above statutory limit fails because additional fee was attributable to other services provided by notary.
Real Property Feb. 4, 2013
Windsor Pacific LLC v. Samwood Co. Inc.
Property owner is entitled to attorney fee award after successfully asserting defense that required interpretation of easement agreement containing fee provision.
Real Property Jan. 31, 2013
Ahdout v. Hekmatjah
Trial court must evaluate arbitrators’ denial of developer’s claim seeking disgorgement of compensation from unlicensed contractor.
Real Property Jan. 28, 2013
R.E. Loans LLC v. Investors Warranty of America Inc.
Lender does not breach subordination agreement when new loan secured by lender's trust deed exceeded amount specified in agreement.
Real Property Jan. 23, 2013
Grossman v. Park Fort Washington Association
After prevailing in dispute with homeowners' association over fireplace and cabana, owners are entitled to attorney fees incurred during pre-litigation mediation.
Real Property Jan. 16, 2013
Stump's Market Inc. v. Plaza de Santa Fe Limited LLC
Court may not retain jurisdiction over life of lease to resolve future disputes when it already resolved issues between landlord and tenant.
Real Property Jan. 13, 2013
City of Santa Maria v. Adam
Farmers are entitled to court confirmation of their overlying rights to native groundwater regardless of quantities pumped in the past.
Real Property Dec. 23, 2012
County of Glenn v. Foley
In eminent domain action, opinion of appraiser for property owner should be allowed to show comparable sales prices of other properties.
Real Property Dec. 23, 2012
Oviedo v. Windsor Twelve Properties LLC
Landlord’s anti-SLAPP motion is improperly granted where tenant’s claims did not arise from landlord's unlawful detainer action, but from underlying rent increase.
Real Property Dec. 19, 2012
Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP
Design professionals may be liable for construction defects due to approval of windows that caused excessive heat in condominium units.
Real Property Dec. 16, 2012
Pfeifer v. Countrywide Home Loans
Lenders cannot proceed with foreclosure without first conducting face-to-face interview with homeowners as required under Dept. of Housing and Urban Development servicing regulations.
Real Property Dec. 13, 2012
Medrano v. Flagstar Bank FSB
Borrowers’ letters challenging validity of loan does not trigger mortgage servicer’s duty to respond because it is unrelated to servicing of loan.
Real Property Dec. 11, 2012
Wooster v. Dept. of Fish and Game
Dept. of Fish and Game does not forfeit conservation easement, despite failing to post no trespassing signs on property as deed required.
Real Property Dec. 11, 2012
Arkansas Game and Fish Commission v. United States
Temporary government-induced flooding of river, which affected Arkansas' peak tree-cutting season, may constitute taking that would entitle state to compensation.
Real Property Dec. 4, 2012
La Jolla Group II v. Bruce
Buyer who acquired property due to forged documents fails to establish slander of title claim because property owners’ filing of lis pendens was privileged.
Real Property Nov. 29, 2012
Pacific Palisades Bowl Mobile Estates LLC v. City of Los Angeles
City of Los Angeles may reject application to allow resident ownership at mobilehome park when applicant failed to apply for coastal development permit.
Real Property Nov. 29, 2012
Shuster v. BAC Home Loans Servicing LP
Foreclosure sale is proper because deed of trust is enforceable, even if deed did not designate trustee when it was created.
Real Property Nov. 29, 2012
People ex rel. Dept. of Transportation v. Dry Canyon Enterprises LLC
Winery receives no compensation for lost goodwill after government takes its land to build highway because struggling winery had no preexisting goodwill.
Real Property Nov. 28, 2012
City of Santa Maria v. Adam
Farmers are entitled to court confirmation of their overlying rights to native groundwater regardless of quantities pumped in the past.
Real Property Nov. 23, 2012
Singh v. Davi
Former police officer is entitled to real estate broker’s license despite his prior misdemeanor conviction for theft by false pretenses.
Real Property Nov. 21, 2012
Darling v. Superior Court (Western Pacific Housing Inc.)
Builder may halt construction defect lawsuit and withhold requested documents where homeowner failed to serve builder with prelitigation notice of complaint.
Real Property Nov. 20, 2012
Dow v. Lassen Irrigation Co.
Irrigation company cannot divert and store water under 1940 judgment and decree where disputed clause granted no such rights and would clash with rest of decree.
Real Property Nov. 20, 2012
Cottonwood Duplexes LLC v. Barlow
Developer may not shorten property owner’s road easement, even if use of road could decrease due to new public roads in development.
Real Property Nov. 14, 2012
Friends of Aviara v. City of Carlsbad
City must adopt timeline dealing with inconsistencies in general plan when revising housing element to provide low cost housing.
Real Property Nov. 2, 2012
Chino MHC LP v. City of Chino
City may not deny mobile home park owner's application to convert park to resident ownership because conversion was not a sham to avoid rent control.
Real Property Nov. 1, 2012
Laurel Park Community LLC v. City of Tumwater
City ordinances seeking to prevent manufactured home parks from closing are not takings because they had nearly no economic effect.
Real Property Oct. 30, 2012