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McCoy v. Gustafson
Statute of limitations bars trespass and nuisance claims where jury found that it was unknown whether property contamination could have been abated. 		Real Property Dec. 16, 2009
Kearney v. Foley & Lardner LLP
'Sham' exception to the <EM>Noerr-Pennington</EM> doctrine applies if intentional misrepresentations to court were made. 		Real Property Dec. 10, 2009
Schoenberg v. County of Los Angeles Assessment Appeals Board
Appeals Board’s valuation of property is correct when owner’s original appeal disproves subsequent claim, and because mandate remedy is unavailable to him. 		Real Property Dec. 6, 2009
Wollmer v. City of Berkeley (1950 MLK LLC)
Under Density Bonus Law, project's base number is calculated exclusive of units authorized by mandatory or discretionary density bonuses. 		Real Property Nov. 26, 2009
Millennium Rock Mortgage Inc. v. T.D. Service Co.
Trustee may rescind sale of property where auctioneer mistakenly opened bidding with credit bid from different foreclosure. 		Real Property Nov. 24, 2009
Fidelity National Title Insurance Co. v. Schroeder
Lien attaches to debtor's equitable interest in resulting trust where debtor is intended beneficiary of transfer meant to avoid creditor's judgment lien. 		Real Property Nov. 24, 2009
Hoffman v. Smithwoods RV Park LLC
Mobilehome park owner does not violate Mobilehome Residency Law by refusing to permit installation of mobilehome and imposing new rules on heir. 		Real Property Nov. 22, 2009
Wells Fargo Bank v. Neilsen
'Partial subordination' principle applies where inconsistency regarding priority of liens is created by successive deeds of trust and intervening subordination agreement. 		Real Property Nov. 10, 2009
Schmidli v. Pearce
Notice of default is not part of record for purposes of expiration of lien of deed of trust under statute of limitations. 		Real Property Nov. 5, 2009
Simandle v. Vista de Santa Barbara Associates LP
Owners of inherited mobilehome that complied with statutory regulations may nonetheless lose right to sell by violating mobilehome park regulations. 		Real Property Nov. 4, 2009
Robinson v. United States of America
Quiet Title Act does not apply to tort suit related to easement if it does not dispute terms of easement. 		Real Property Nov. 2, 2009
People ex rel. Dept. of Transportation v. Acosta
Petroleum Marketing Practices Act does not preempt state law requiring condemner to pay franchisee for lost goodwill. 		Real Property Oct. 26, 2009
Wells Fargo Bank v. Neilsen
'Partial subordination' principle applies where inconsistency regarding priority of liens is created by successive deeds of trust and intervening subordination agreement. 		Real Property Oct. 22, 2009
White v. Cridlebaugh
Consumer is entitled to disgorge unlicensed contractor of payments where contractor was precluded from judicial enforcement of contract. 		Real Property Oct. 21, 2009
Ricketts v. McCormack
Requirement that county recorder 'record' reconveyance of title within two days of receipt does not apply to indexing. 		Real Property Oct. 20, 2009
Nielsen v. Gibson
Couple who openly and notoriously changed and resided on property gives reasonable notice to record owner for purposes of adverse possession. 		Real Property Oct. 14, 2009
Schmidli v. Pearce
Notice of default is not part of record for purposes of expiration of lien of deed of trust under statute of limitations. 		Real Property Oct. 14, 2009
United States v. Nicholson
Upland homeowner must obtain renewed consent to keep ‘shore defense structures’ that encroached on tidelands due to ambulatory shoreline. 		Real Property Oct. 12, 2009
Barrientos v. 1801-1825 Morton LLC
Federal law does not preempt local rent ordinance’s prohibition against eviction of federally subsidized tenants for purpose of raising rent. 		Real Property Oct. 12, 2009
RC Royal Development and Realty Corp. v. Standard Pacific Corp.
Buyer's entry into purchase agreement vests him with equitable title and beneficial interest, which triggers obligation to pay broker's commission. 		Real Property Sep. 30, 2009
Guggenheim v. City of Goleta
Rent control ordinance that limited increases in mobile home rents, while property values skyrocketed, constitutes regulatory taking. 		Real Property Sep. 29, 2009
Ricketts v. McCormack
Requirement that county recorder 'record' reconveyance of title within two days of receipt does not apply to indexing. 		Real Property Sep. 25, 2009
Kearney v. Foley & Lardner LLP
'Sham' exception to the <EM>Noerr-Pennington</EM> doctrine applies if intentional misrepresentations to court were made. 		Real Property Sep. 21, 2009
Delois v. Barrett Block Partners
Suit arising from landlord-tenant agreement dispute is not strategic lawsuit against public participation that chills constitutional right to petition. 		Real Property Sep. 21, 2009
Creekridge Townhome Owners Association, Inc. v. C. Scott Whitten, Inc.
Summary judgment for roofing company is reversed where triable issue existed as to when plaintiff reasonably discovered patent construction defect. 		Real Property Sep. 2, 2009
Wells Fargo Financial Leasing, Inc. v. D&M Cabinets
Creditor may not bypass 'homestead exemption' when seeking appointment of receiver to sell dwelling for enforcement of money judgment. 		Real Property Aug. 31, 2009
Sequoia Park Associates v. County of Sonoma
State law governing conversion of mobilehome parks from rental to resident ownership basis preempts local ordinance imposing additional conversion application requirements. 		Real Property Aug. 25, 2009
Owen v. Sands
'Preponderance of evidence' is standard of proof in administrative hearing ordering contractor to pay civil penalties and compensation to homeowner. 		Real Property Aug. 20, 2009
Standard Pacific Corp. v. Superior Court (Garlow)
Homeowners bear burden of proving that builder's noncompliance with disclosure requirements releases them from obligation to follow prelitigation procedures. 		Real Property Aug. 18, 2009
Lin v. The City of Pleasanton (Ayala)
Inclusion of ordinance's 'text' in referendum petition defined as actual text and exhibits attached to or incorporated by reference into ordinance. 		Real Property Aug. 13, 2009
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