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Name Category Published
City of Los Angeles v. Superior Court (Plotkin)
Inverse condemnation claim against city fails where property owners were unable to show plan to use land for public purpose. 		Real Property Apr. 12, 2011
Morrison v. Vineyard Creek
Tenant is not entitled to attorney fees following settlement with landlord whereby landlord allowed tenant to operate day care facility in apartment. 		Real Property Mar. 31, 2011
Wollmer v. City of Berkeley (R.B. Tech Center LP)
Approval of mixed-use affordable housing project does not violate state density bonus law where developer does not have to accept rent cap. 		Real Property Mar. 31, 2011
Smith v. Home Loan Funding Inc.
Court properly finds loan officer acted as mortgage broker, not just mortgage lender, after stating to borrower he would ‘shop’ loan around. 		Real Property Mar. 30, 2011
Ferwerda v. Bordon
Attorney fee provision later published by subdivision committee, but not contained under subdivision’s covenants, conditions, and restrictions, is not enforceable against homeowner. 		Real Property Mar. 28, 2011
Quality Loan Service Corp. v. 24702 Pallas Way, Mission Viejo, CA 92691
Federal tax lien filed first in time has priority over individual’s judgment lien for surplus proceeds following nonjudicial foreclosure sale. 		Real Property Mar. 25, 2011
Trinity Park L.P. v. City of Sunnyvale
180-day limitations period for challenges to development exactions does not apply where affordable housing requirement was not intended to defray cost of public facilities. 		Real Property Mar. 25, 2011
Coronado Cays Homeowners Association v. City of Coronado
City is required to maintain berm that laterally supports bulkheads located in planned community according to terms of special use permit. 		Real Property Mar. 17, 2011
Capon v. Monopoly Game LLC
Buyer who purchases property for use as personal residence of another is not exempt ‘equity purchaser’ under Home Equity Sales Contract Act. 		Real Property Mar. 7, 2011
Bollay v. California Office of Administrative Law (California State Lands Commission)
Commission’s policy regulating mean high tide line does not simply reiterate law, and therefore is subject to procedural requirements under Administrative Procedure Act. 		Real Property Mar. 2, 2011
Smith v. Home Loan Funding Inc.
Court properly finds loan officer acted as mortgage broker, not just mortgage lender, after stating to borrower he would ‘shop’ loan around. 		Real Property Feb. 25, 2011
Avalon Pacific-Santa Ana L.P. v. HD Supply Repair & Remodel LLC
Cost of repair award is improper when lease has neither expired nor been terminated and while lessor continues to receive monthly rent. 		Real Property Feb. 23, 2011
Gomes v. Countrywide Home Loans Inc.
Nonjudicial foreclosure statute does not give debtor right to bring court action to determine if lender’s nominee has authority to initiate such proceedings. 		Real Property Feb. 22, 2011
Dept. of Fair Employment and Housing v. Mayr
Award of attorney fees and costs against DFEH is prohibited in housing discrimination action after jury found in favor of defendants. 		Real Property Feb. 10, 2011
Cobb v. City of Stockton
Claim for inverse condemnation does not accrue until city's occupation of property became wrongful when eminent domain proceeding was dismissed. 		Real Property Jan. 27, 2011
Citizens Planning Association v. City of Santa Barbara (Peak-Las Positas Partners)
Construction of bridge across city-owned parkland to provide beach access to private development does not constitute public park purpose and is subject to voter-approval. 		Real Property Jan. 26, 2011
Monterey/Santa Cruz County Building and Construction Trades Council v. Cypress Marina Heights LP
Deed containing covenant to pay at prevailing rate and deemed to run with land in perpetuity binds land developer who later acquired land. 		Real Property Jan. 25, 2011
Villa Vicenza Homeowners Association v. Nobel Court Development LLC
Arbitration provision contained in developer’s recorded declaration of covenants, conditions, and restrictions is not binding contract term. 		Real Property Jan. 11, 2011
ZC Real Estate Tax Solutions v. Ford
Delinquency payment for failure to timely pay real estate taxes may not be canceled based on failure to send payment to correct address. 		Real Property Dec. 29, 2010
Shuman v. Ignatin
Challenges to recorded amendments to general plan’s recorded restrictions must be brought within four years of recording. 		Real Property Dec. 26, 2010
Transwestern Pipeline Co. LLC v. Agua Fria Investments LLC
Right to costs and fees is not triggered when private entity abandons condemnation proceeding, even if entity is exercising federally granted condemnation power. 		Real Property Dec. 8, 2010
Building Industry Association of Central California v. County of Stanislaus
County’s requirement that developer dedicate easements as condition to development approval is reasonably related to county’s objective to conserve agricultural land. 		Real Property Nov. 29, 2010
Or Khaim Hashalom v. City of Santa Monica
Commercial enterprise owned by not-for-profit religious corporation does not qualify for exemption from historic preservation laws provided to noncommercial properties. 		Real Property Nov. 22, 2010
Affan v. Portofino Cove Homeowners Association
Judicial deference to homeowners association is not proper where association's failure to take action was not good faith decision based on reasonable investigation. 		Real Property Nov. 1, 2010
Tracy Joint Unified School District v. Pombo
Property owners subject to eminent domain proceedings are entitled to litigation costs where pretrial settlement offer was unreasonable considering evidence and jury award. 		Real Property Oct. 31, 2010
Vuki v. Superior Court (HSBC Bank USA)
Civil Code Sections 2923.52 and 2923.53 are enforceable only by regulatory agencies, and not subject to private action. 		Real Property Oct. 31, 2010
Sarale v. Pacific Gas & Electric Co.
Court lacks jurisdiction to adjudicate claim that public utility engaged in excessive tree trimming where vegetation management practices fell within PUC’s jurisdiction. 		Real Property Oct. 17, 2010
Holmes v. Summer
Broker has duty to disclose substantial risk that seller could not transfer title free and clear of monetary liens and encumbrances. 		Real Property Oct. 7, 2010
Carter v. Cohen
Relief for excess rent payments in violation of Los Angeles Rent Stabilization Ordinance is valid, despite illegality of underlying lease agreement. 		Real Property Sep. 28, 2010
Malkoskie v. Option One Mortgage Corp.
Plaintiffs may not bring quiet title action against prevailing party in previous unlawful detainer action based on same claims. 		Real Property Sep. 24, 2010
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