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Name Category Published
Maya v. Centex Corp.
Homeowners have standing to sue housing developers for injuries allegedly caused by marketing neighboring homes to individuals with high risk of foreclosure. 		Real Property Sep. 21, 2011
Calvo v. HSBC Bank USA N.A.
Requirement that assignment of beneficial interest in debt secured by real property must be recorded for assignee to exercise power of sale does not apply to deed of trust. 		Real Property Sep. 14, 2011
Robinson v. Countrywide Home Loans Inc.
No cause of action exists for preemptive suit challenging entity's standing to initiate foreclosure. 		Real Property Sep. 13, 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 Aug. 31, 2011
Gutierrez v. County of San Bernardino
County is not strictly liable for installing flood control improvements where it was attempting to protect private property owners from risk created by nature. 		Real Property Aug. 25, 2011
Gramercy Investment Trust v. Lakemont Homes Nevada Inc.
Choice of law provision in guaranty contract does not compel application of New York anti-deficiency laws to foreclosure proceeding involving California property. 		Real Property Aug. 25, 2011
Thomson v. Canyon
Parole evidence rule does not preclude evidence of oral reconveyance agreement, which seller offered to establish real estate agent's breach of fiduciary duty. 		Real Property Aug. 18, 2011
Fontenot v. Wells Fargo Bank N.A.
Nominee has authority to assign promissory note secured by deed of trust in property where nominee acted for lender with assignable interest. 		Real Property Aug. 15, 2011
Arcadia Development Co. v. City of Morgan Hill
City ordinance restricting development on one undeveloped parcel in agricultural area for 10 years does not violate equal protection. 		Real Property Aug. 8, 2011
Thorstrom v. Thorstrom
Existence of implied easement for use of well does not preclude each party's entitlement to reasonable use consistent with volume of water available. 		Real Property Jun. 29, 2011
Herrera v. Deutsche Bank National Trust Co.
Court errs in granting summary judgment based on taking judicial notice of recorded public documents with contents that remained in dispute. 		Real Property Jun. 28, 2011
Tashakori v. Lakis
Equitable easement is proper where land is accessible only through neighbor’s driveway and relative harm to driveway owner is minor. 		Real Property Jun. 21, 2011
Ferguson v. Avelo Mortgage LLC
Dismissal of quiet title claim is proper where plaintiff fails to plead tender and there is no evidence of procedural error in foreclosure sale. 		Real Property Jun. 20, 2011
Sui v. Price
Homeowner fails to state breach of contract claim, which alleged that homeowners' association's prohibition of inoperable vehicles discriminated against him. 		Real Property Jun. 20, 2011
Cleary v. County of Alameda
County's plan to reduce grants to general assistance recipients based on failure by landlords to provide tax identification numbers is unlawful. 		Real Property Jun. 19, 2011
Haro v. City of Solana Beach
Action challenging City’s housing element is untimely because complaint was filed over year after City’s final action, regardless of which limitations period applies. 		Real Property Jun. 14, 2011
Galardi Group Franchise & Leasing LLC v. City of El Cajon
Agreement between franchisor and franchisee waiving franchisee’s right to goodwill compensation intends to benefit franchisor, not subsequent condemning agency. 		Real Property Jun. 8, 2011
Diamond Heights Village Association Inc. v. Financial Freedom Senior Funding Corp.
Court errs in voiding non-party’s interest in contested property after non-party had obtained previous summary judgment regarding such interest. 		Real Property Jun. 8, 2011
Ferguson v. Avelo Mortgage LLC
Dismissal of quiet title claim is proper where plaintiff fails to plead tender and there is no evidence of procedural error in foreclosure sale. 		Real Property Jun. 2, 2011
Creative Ventures LLC v. Jim Ward & Associates
Investors who never negotiated to become holders of promissory note cannot be ‘holders in due course’ exempt from usury liability. 		Real Property Jun. 1, 2011
Kaufman v. Goldman
New tenancy is not created where landlord refused to cash rent checks and told tenant to vacate property pursuant to previous settlement agreement. 		Real Property May 19, 2011
Munoz v. MacMillan
Tenant is entitled to seek compensation from landlord for losses incurred after enforcement of erroneous initial judgment in unlawful detainer action. 		Real Property May 16, 2011
Haro v. City of Solana Beach
Action challenging City’s housing element is untimely because complaint was filed over year after City’s final action, regardless of which limitations period applies. 		Real Property May 13, 2011
The Grubb Co. Inc. v. Dept. of Real Estate
State Real Estate Commissioner may not discipline real estate licensee based on judgment not procured by clear and convincing evidence. 		Real Property May 5, 2011
State of Montana v. State of Wyoming
Under doctrine of appropriation, senior water users may improve irrigation systems if there is no change in amount of water diverted. 		Real Property May 3, 2011
Vanderpol v. Starr
Row of trees erected to annoy adjoining property owners constitutes 'structure in nature of fence' for purposes of 'spite fence' statute. 		Real Property May 3, 2011
The Main Street Plaza v. Cartwright & Main LLC
Property owner claiming prescriptive easement for driving rights does not have to show payment of taxes assessed on railway easement for railway purposes. 		Real Property Apr. 28, 2011
Barry v. OC Residential Properties LLC
Expenses paid for repair work and interest on foreclosure sale are properly included in redemption price for unit in common interest development. 		Real Property Apr. 26, 2011
Vanderpol v. Starr
Row of trees erected to annoy adjoining property owners constitutes 'structure in nature of fence' for purposes of 'spite fence' statute. 		Real Property Apr. 24, 2011
Vanderpol v. Starr
Row of trees erected to annoy adjoining property owners constitutes 'structure in nature of fence' for purposes of 'spite fence' statute. 		Real Property Apr. 17, 2011
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