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Brown v. Deutsche Bank National Trust Co.
Defaulting borrower lacks standing to preemptively challenge bank's authority to foreclose on her property.
Real Property May 10, 2016
Friends of Martin’s Beach v. Martin’s Beach 1 LLC
Organization seeking public access to beach via private road obtains partial success, winning reversal of summary adjudication in property owners' favor on its dedication claims.
Real Property Apr. 29, 2016
Boxer v. City of Beverly Hills
Beverly Hills residents cannot maintain inverse condemnation claim against the City for planting redwood trees at Roxbury Park that obstructed residents' views.
Real Property Apr. 28, 2016
Almanor Lakeside Villas Owners Association v. Carson
$100,000 award of attorney fees and costs upheld where homeowner's association is prevailing party against homeowners under fees provision of Davis-Stirling Act.
Real Property Apr. 21, 2016
Crossroads Investors L.P. v. Federal National Mortgage Association
Fannie Mae unsuccessful in attempt to dodge property owner's wrongful foreclosure claims via anti-SLAPP motion.
Real Property Apr. 15, 2016
Orcilla v. Big Sur, Inc.
Ousted homeowners may maintain action against big banks for the alleged wrongful foreclosure of their home of 18 years.
Real Property Mar. 14, 2016
Salazar v. Matejcek
Treble damages for tree trespass are proper where family clearly had personal reason for tree restoration and offending party acted intentionally, willfully, and maliciously in removing them.
Real Property Mar. 11, 2016
Mountjoy v. Bank of America N.A.
Sweeping reduction in compensable hours due to certain flawed billing entries effectively denied homeowners compensation for time claimed in entries that were not flawed and must be overturned.
Real Property Mar. 1, 2016
Taylor v. Nu Digital Marketing Inc.
Because defendant's possession of property was achieved through landlord-tenant relationship, and not buyer-seller relationship, unlawful detainer properly used by plaintiffs to regain possession.
Real Property Mar. 1, 2016
Boston LLC v. Juarez
Tenant's breach of agreement governed by Los Angeles Rent Stabilization Ordinance must be material to justify forfeiture of agreement and termination of tenancy.
Real Property Feb. 29, 2016
Yvanova v. New Century Mortgage Corp.
In wrongful nonjudicial foreclosure action, borrower has standing to challenge assignment of note and deed of trust based on alleged defects rendering assignment void.
Real Property Feb. 19, 2016
Orcilla v. Big Sur Inc.
Ousted homeowners may maintain action against big banks for the alleged wrongful foreclosure of their home of 18 years.
Real Property Feb. 16, 2016
Coker v. JP Morgan Chase Bank N.A.
California's anti-deficiency protections apply to lender-approved 'short sale' of real property just as they do to foreclosure sales.
Real Property Jan. 22, 2016
Majd v. Bank of America N.A.
Homeowner successfully revives action against bank for wrongfully foreclosing on his property while his loan modification application was still under review.
Real Property Jan. 19, 2016
Young’s Market Co. v. Superior Court (San Diego Unified School District)
Trial court properly granted school district's petition for order to enter land adjacent to elementary school to conduct environmental testing because temporary intrusion does not constitute compensable taking.
Real Property Nov. 20, 2015
Carloss v. County of Alameda
Survivor may pursue claim for excess proceeds from mother's tax-defaulted property even in absence of recorded grant deed.
Real Property Nov. 16, 2015
Olive Properties L.P. v. Coolwaters Enterprises Inc.
Defaulting tenant cannot dodge landlord's unlawful detainer action where action did not arise out of protected petitioning activities.
Real Property Nov. 3, 2015
Save Mount Diablo v. Contra Costa County (Nunn)
Property owners not entitled to certificate of compliance under Subdivision Map Act to legitimize division of property effected by condemnation.
Real Property Oct. 9, 2015
Scher v. Burke
Court may not enjoin property owners from obstructing vehicular access to disputed roads traversing their property because roads were not dedicated as public streets.
Real Property Sep. 14, 2015
Mak v. City of Berkeley Rent Stabilization Board (Ziem)
Landlords who evicted former, long-term tenant by misrepresenting intent to move-in may not collect higher rent from new tenant.
Real Property Sep. 4, 2015
Needelman v. DeWolf Realty Co. Inc.
Lessors defeat disruptive tenant's lawsuit challenging unlawful detainer action on res judicata grounds.
Real Property Aug. 19, 2015
Coppinger v. Rawlins
Property owners bound by predecessor's offer to dedicate property for public improvement where they fail to demonstrate county's acceptance of dedication was void or ineffectual.
Real Property Aug. 18, 2015
Carr v. Rosien
Adverse possessor's lis pendens is void because he failed to mail it to address shown in assessor's roll, regardless of address' validity.
Real Property Jul. 15, 2015
T & A Drolapas v. SF Rent etc. Bd.
Though he was a child and not party to the original rental agreement signed by his parents, current San Francisco apartment occupant enjoys rent control protections after his parents move elsewhere.
Real Property Jul. 9, 2015
Wells Fargo Bank N.A. v. 6354 Figarden General Partnership
Trial courts have discretion to choose most appropriate measure in calculating redemption price offset involving multi-use properties.
Real Property Jul. 1, 2015
Mira Overseas Consulting v. Muse Family Enterprises
Claimant's judgment lien takes priority over other competing claimant's lien because its lien related back to recording of lis pendens.
Real Property Jun. 30, 2015
Valbuena v. Ocwen Loan Servicing
Tender of the amount due under a loan is not required to state cause of action under Section 2923.6 of California Homeowner's Bill of Rights.
Real Property Jun. 22, 2015
Robinson v. Jewell
Native tribe's claim of Tejon Ranch property rejected for failure to file within two-year window created by 1851 California land dispute board.
Real Property Jun. 22, 2015
Shoen v. Zacarias
Grant of equitable easement must be reversed where trespasser did not suffer greatly disproportionate hardship by having to remove patio furniture from neighbor's land.
Real Property Jun. 17, 2015
Monterossa v. Superior Court (PNC Bank)
California Civil Code Section 2924.12(i) permits award of attorney fees and costs for prevailing borrowers who obtain preliminary—not solely, permanent—injunctive relief.
Real Property Jun. 14, 2015