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That v. Alders Maintenance Association
Unfair competition law claim against homeowners' association, which is based on election dispute, fails because association is not 'business' within statute's meaning.
Real Property Jun. 17, 2012
Cullen v. Corwin
Party refusing requests for mediation on grounds of incomplete discovery cannot recover attorney fees under standard form real property purchase agreement.
Real Property Jun. 7, 2012
City of Malibu v. California Coastal Commission (Santa Monica Mountains Conservancy)
Coastal Commission exceeds its jurisdiction in approving public agency’s proposed amendments to city’s certified local coastal program, which were unrelated to any specific public works project.
Real Property Jun. 5, 2012
Nickell v. Matlock
Quiet title actions require evidentiary hearings before judgment can be entered, even when defendant is in default.
Real Property Jun. 4, 2012
Cal Sierra Construction Inc. v. Comerica Bank
In enforcement action, banks are not entitled to file motion to release mechanics lien and stop notice because their property interest was not at stake.
Real Property May 31, 2012
Cyr v. McGovran
Three-year statute of limitations for injury to real property does not apply where plaintiff only had option to purchase, rather than title to property.
Real Property May 29, 2012
Freeman v. Quicken Loans Inc.
Plaintiffs must demonstrate that charge for settlement services was divided between two or more persons to establish violation of Real Estate Settlement Procedures Act.
Real Property May 24, 2012
California Pines Property Owners Association v. Pedotti
In dispute over water rights, 'best efforts' clause in contract requires rancher to act as reasonable person in comparable circumstances, not as fiduciary.
Real Property May 24, 2012
Shady Tree Farms v. Omni Financial
Claimant must serve preliminary 20-day notice before filing materialman’s lien because it was under direct contract with development’s owner and furnished materials.
Real Property May 22, 2012
Deutsche Bank National Trust Co. v. McGurk
Where defendant is voluntarily dismissed from quiet title action, quiet title judgment is not binding on company that defendant assigned its deed of trust to.
Real Property May 22, 2012
Herrera v. Federal National Mortage Association
Trial court does not abuse its discretion by sustaining demurrer without leave to amend where plaintiffs failed to allege specific factual basis for alleging foreclosure sale was not initiated by correct party.
Real Property May 17, 2012
Assessor for County of Santa Barbara v. Assessment Appeals Board No. 1 (Rancho Goleta Lakeside Mobileers Inc.)
Reassessments of mobilehome park spaces are invalid where reassessments relied upon methodology that was inconsistent with plain meaning and legislative history of statute.
Real Property May 16, 2012
City of Livermore v. Baca
Plaintiff’s claim for permanent severance damages does not require showing of substantial impairment of access to his property before determining admissibility of proffered evidence.
Real Property May 16, 2012
William L. Lyon & Associates Inc. v. Superior Court (Henley)
Two-year statute of limitations for filing action for breach of duty owed by seller's broker to buyer does not apply where buyers alleged claims against dual listing agent.
Real Property May 13, 2012
City of Malibu v. California Coastal Commission (Santa Monica Mountains Conservancy)
Coastal Commission exceeds its jurisdiction in approving public agency’s proposed amendments to city’s certified local coastal program, which were unrelated to any specific public works project.
Real Property May 10, 2012
Sumner Hill Homeowners’ Association Inc. v. Rio Mesa Holdings LLC
Legislature or Supreme Court should resolve issue of incongruity of two accepted standards of navigability as to same portion of river.
Real Property May 2, 2012
Ginsberg v. Gamson
Court errs in construing option in commercial lease as granting unlimited renewals because option did not unequivocally establish intent to create right to unlimited extensions.
Real Property May 1, 2012
GECCMC 2005-C1 Plummer Street Office Limited Partnership v. NRFC NNN Holdings LLC
Loan guaranty is not triggered because leases were not terminated where lessor did not terminate lessee's right of possession with notice of termination.
Real Property Apr. 30, 2012
Haynes v. EMC Mortgage Corp.
Trustee may exercise power to sell property regardless of whether assignment of beneficial interest in deed of trust is recorded first.
Real Property Apr. 24, 2012
Anchor Pacifica Management Co. v. Green
Management company, which operated apartments developed with redevelopment agency’s assistance, must identify good cause when evicting tenant participating in housing assistance program.
Real Property Apr. 23, 2012
Cyr v. McGovran
Three-year statute of limitations for injury to real property does not apply where plaintiff only had option to purchase, rather than title to property.
Real Property Apr. 17, 2012
Brown v. Wells Fargo Bank NA
Appeal seeking to delay trustee's sale by protesting ex parte relief where no ex parte relief had been granted raises no viable issue and is frivolous as matter of law.
Real Property Apr. 16, 2012
William L. Lyon & Associates Inc. v. Superior Court (Henley)
Two-year statute of limitations for filing action for breach of duty owed by seller's broker to buyer does not apply where buyers alleged claims against dual listing agent.
Real Property Apr. 12, 2012
Quail Lakes Owners Association v. Kozina
Petition by homeowners’ association to reduce supermajority voting restriction is properly granted where court found proper notice had been given to members.
Real Property Apr. 10, 2012
Connolly v. Trabue
Doctrine of laches does not bar plaintiff’s claim seeking establishment of right to prescriptive easement because laches does not apply to actions at law.
Real Property Apr. 10, 2012
Bank of America N.A. v. Mitchell
Bank is barred from seeking deficiency judgment on deed of trust recorded against real property that has already been sold at nonjudicial foreclosure sale.
Real Property Apr. 10, 2012
GECCMC 2005-C1 Plummer Street Office Limited Partnership v. NRFC NNN Holdings LLC
Loan guaranty is not triggered because leases were not terminated where lessor did not terminate lessee's right of possession with notice of termination.
Real Property Mar. 29, 2012
Jamieson v. City Council of the City of Carpinteria
City properly denies property owner’s request for permit to enlarge patio because owner did not have vested right to expand patio under stipulated judgment.
Real Property Mar. 28, 2012
Debrunner v. Deutsche Bank National Trust Co.
Trustee’s attempt to stop foreclosure on property by another trustee is properly dismissed because possession of promissory note is not required to initiate foreclosure.
Real Property Mar. 18, 2012
Besaro Mobile Home Park LLC v. City of Fremont
Denial of mobile home park's application for rent increase under rent control ordinance does not violate due process because ordinance protected tenants from imbalance in bargaining power.
Real Property Mar. 15, 2012