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People ex rel. Dept. of Transportation v. Superior Court (Menigoz)
Property owners are not entitled to litigation expenses in eminent domain action because award is not permitted when case is resolved before trial. 		Real Property Mar. 1, 2012
RealPro Inc. v. Smith Residual Co. LLC
Real estate broker's offer to purchase property based on listing agreement does not materialize into sale that triggers broker’s right to commission. 		Real Property Feb. 28, 2012
PPL Montana LLC v. Montana
Montana Supreme Court must determine whether state owned disputed riverbeds based on segment-by-segment test, which assesses navigability of rivers. 		Real Property Feb. 23, 2012
Glen Oaks Estates Homeowners Association v. Re/Max Premier Properties Inc.
Homeowners' association has standing to pursue action against realtors for concealment or misrepresentation in matter pertaining to damage to common area. 		Real Property Feb. 23, 2012
Lin v. Jeng
In partition action where plaintiffs received title as trustees of resulting trust, court's apportionment of attorney fees to defendants is equitable. 		Real Property Feb. 23, 2012
Santa Monica Properties v. Santa Monica Rent Control Board
Rent control board does not have authority to decrease rent after landlord lowered temperature on hot tub in apartment building. 		Real Property Feb. 17, 2012
Water Replenishment District of Southern California v. City of Cerritos
Trial court has jurisdiction to consider water transfer and appointment of watermaster where appellate court previously held that it could consider proposed allocation. 		Real Property Feb. 10, 2012
General Development Co. L.P. v. City of Santa Maria
Developer’s challenge to city council’s denial of zone change is subject to short 90-day statute of limitations pursuant to applicable Government Code section. 		Real Property Jan. 26, 2012
Water Replenishment District of Southern California v. City of Cerritos
Trial court has jurisdiction to consider water transfer and appointment of watermaster where appellate court previously held that it could consider proposed allocation. 		Real Property Jan. 19, 2012
Stebley v. Litton Loan Servicing
Plaintiffs’ claim that defendants failed to fully explore alternatives to foreclosure fails because statute does not provide for relief following foreclosure sale. 		Real Property Jan. 3, 2012
Lona v. Citibank N.A.
Loan agreement provided by bank may be unconscionable where homeowner presented sufficient evidence that bank failed to consider income and credit. 		Real Property Dec. 22, 2011
Frittelli Inc. v. 350 North Canon Drive LP
Commercial lease tenants may agree to limit scope of covenant-based claims and ordinary negligence claim where public interest is not implicated. 		Real Property Dec. 21, 2011
Harbour Vista LLC v. HSBC Mortgage Services Inc.
Court errs in entering default judgment and failing to hold evidentiary hearing in open court in quiet title action. 		Real Property Dec. 20, 2011
Park v. First American Title Co.
Junior lienholder must show prospective buyer was ready to purchase property but for interference by senior lienholder to show damages in foreclosure sale. 		Real Property Dec. 19, 2011
Aiuto v. City and County of San Francisco
Plaintiffs’ challenge to city ordinance enacted pursuant to Subdivision Map Act, which was filed five months after enactment, is subject to 90-day limitations period. 		Real Property Dec. 16, 2011
Baeza v. Superior Court (Castle & Cooke California Inc.)
Builder who opts out of statutory nonadversarial prelitigation procedures in lieu of own contractual prelitigation procedures is not subject to disclosure requirements under statute. 		Real Property Dec. 15, 2011
Avenida San Juan Partnership v. City of San Clemente
City's refusal to lift land use restrictions on parcel surrounded by land, on which greater number of dwellings are allowed per acre, constitutes taking. 		Real Property Dec. 15, 2011
Joffe v. City of Huntington Park
City is not liable for inverse condemnation where conduct constituted general planning and did not result in direct interference with property at issue. 		Real Property Dec. 6, 2011
Nungaray v. Litton Loan Servicing LP
Homeowner’s failure to meet obligation as precondition to receiving loan modification does not obligate bank to provide loan modification. 		Real Property Dec. 2, 2011
Lang v. Roche
Equitable redemption of property purchased by judgment creditor at invalid sale is not affected by Enforcement of Judgments Law’s absolute characterization of such sales. 		Real Property Nov. 30, 2011
Nungaray v. Litton Loan Servicing LP
Homeowner’s failure to meet obligation as precondition to receiving loan modification does not obligate bank to provide loan modification. 		Real Property Nov. 23, 2011
Lewis Operating Corp. v. Superior Court (Costahaude)
Agreement to waive liability for landlord's negligence is enforceable where waiver related to landlord’s operation of tenant-only health club. 		Real Property Nov. 11, 2011
Promenade at Playa Vista Homeowners Association v. Western Pacific Housing Inc.
Developer, which no longer had any ownership interest in complex, lacks standing to enforce arbitration provision in covenants, conditions, and restrictions. 		Real Property Nov. 9, 2011
Alpha and Omega Development LP v. Whillock Contracting Inc.
Anti-SLAPP motion is properly granted where plaintiff’s complaint is based on lis pendens filed in previous action and subject to litigation privilege. 		Real Property Nov. 3, 2011
Teroso Del Valle Master Homeowners Association v. Griffin
Jury properly finds homeowners association’s restrictions on installation of solar energy systems are reasonable under California Solar Rights Act. 		Real Property Nov. 2, 2011
Biancalana v. T.D. Service Co.
Mistake made by trustee, acting as beneficiary’s agent in foreclosure sale, is not procedural irregularity making sale voidable. 		Real Property Nov. 1, 2011
Rental Housing Owners Association of Southern Alameda County Inc. v. City of Hayward
City's amended ordinance does not violate Fourth Amendment by requiring landlords to make good faith efforts to obtain tenant consent to inspections by city officials. 		Real Property Oct. 27, 2011
First Bank v. East West Bank
Lenders holding deeds of trust secured by same property and recorded concurrently pursuant to standard practice have equal priority, and neither are subsequent purchasers 		Real Property Oct. 17, 2011
Sukut Construction Inc. v. Rimrock CA LLC
Party is not entitled to enforce mining lien against operator of quarry because work in quarry involved crushing rocks for construction of roads. 		Real Property Oct. 2, 2011
Hacienda Ranch Homes Inc. v. Superior Court (Elissagaray)
Cotenants fail to establish ouster, as required for adverse possession claim against other cotenant, because they never performed acts of adverse character. 		Real Property Sep. 28, 2011
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