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Name Category Published
Spencer v. Marshall
Sale of home involving equity purchaser is subject to protections of Home Equity Sales Contract Act. 		Real Property Nov. 26, 2008
Kachlon v. Markowitz
Common interest privilege applies to statutory nonjudicial foreclosure proceedings where trustee acts without malice. 		Real Property Nov. 19, 2008
Mt. Holyoke Homes v. California Coastal Commission (Schelbert)
In property development case, plaintiff is required to timely contest California Coastal Commission's jurisdiction. 		Real Property Nov. 13, 2008
Peninsula Guardians Inc. v. Peninsula Health Care District
Lease of government-owned hospital is valid where it did not involve operation by tenant of hospital. 		Real Property Nov. 10, 2008
Secrest v. Security National Mortgage Loan Trust 2002-2
Unsigned forbearance agreement modifying note and deed of trust is subject to statute of frauds. 		Real Property Nov. 5, 2008
Gombiner v. Swartz
Court errs in denying collateral estoppel value to previous finding that converted property was duplex subject to rent stabilization ordinance. 		Real Property Oct. 31, 2008
Gray v. County of Madera (Madera Ranch Quarry Inc.)
Grant of conditional use permit is deemed invalid where environmental impact report is not supported by substantial evidence. 		Real Property Oct. 27, 2008
Monks v. City of Rancho Palos Verdes
Moratorium on construction of homes on landslide area is deemed taking which deprives land of all economically beneficial use. 		Real Property Oct. 24, 2008
Gray v. McCormick
Servient tenement owners are not entitled to use of easement where instrument expresses clear intent to establish exclusive use by plaintiffs. 		Real Property Oct. 24, 2008
Satchmed Plaza Owners Association v. UWMC Hospital Corp.
Attempt to sever judgment is dismissed against party who appealed judgment after accepting its benefits. 		Real Property Oct. 24, 2008
Mt. Holyoke Homes v. California Coastal Commission (Schelbert)
In property development case, plaintiff is required to timely contest California Coastal Commission's jurisdiction. 		Real Property Oct. 22, 2008
Secrest v. Security National Mortgage Loan Trust 2002-2
Unsigned forbearance agreement modifying note and deed of trust is subject to statute of frauds. 		Real Property Oct. 13, 2008
McFarland v. Kempthorne
Landowner is not entitled to easement over national park where special use permit is denied for protection of wildlife and recreation. 		Real Property Oct. 3, 2008
Monks v. City of Rancho Palos Verdes
Moratorium on construction of homes on landslide area is deemed taking which deprives land of all economically beneficial use. 		Real Property Oct. 2, 2008
United States v. 4.85 Acres of Land
Exclusion of evidence of comparable post-taking sales to show value of land in eminent domain proceeding is improper. 		Real Property Sep. 30, 2008
Treo@Kettner Homeowners Association v. Superior Court (Intergulf Construction Corp.)
CC&R cannot be construed as written contract where it waives fundamental right to jury trial. 		Real Property Sep. 15, 2008
County of Humboldt v. McKee
Subsequent property owners are bound by prior owner’s pre-1979 Williamson Act contract and thus liable for sales of parcels under 600 acres. 		Real Property Sep. 12, 2008
Mission Shores Association v. Pheil
Petition to reduce number of votes required to approve amendment to CC&R is deemed valid. 		Real Property Sep. 8, 2008
Kingman Reef Atoll Investments v. United States
In action to quiet title to coral reef atoll, plaintiff fails to file complaint within 12-year limitations period. 		Real Property Sep. 5, 2008
Schaffter v. Creative Capital Leasing Group
Commissions must be paid to real estate broker where investment company refused to close escrow solely due to insufficient appreciation of properties. 		Real Property Sep. 5, 2008
Zanelli v. McGrath
Common owners of dominant and servient tenements extinguish view easement by merger. 		Real Property Sep. 4, 2008
Action Apartment Association v. City of Santa Monica
'Nollan/Dollan' test in exaction cases does not apply to facial challenge to ordinance requiring developers to construct affordable housing. 		Real Property Sep. 2, 2008
City of Cloverdale v. Dept. of Transportation
Title to drainage channel is effectively relinquished to City where relinquishment statute includes disputed property and authorization is received. 		Real Property Sep. 2, 2008
Shanks v. Dressel
City's failure to enforce provisions of zoning code enacted to preserve historic districts does not violate 14th Amendment’s Due Process Clause. 		Real Property Aug. 28, 2008
Ritter & Ritter Inc. v. The Churchill Condominium Association
Court properly orders condominium board of directors to notify members that concrete slab penetrations constitute fire hazard. 		Real Property Aug. 25, 2008
County of Humboldt v. McKee
Subsequent property owners are bound by prior owner’s pre-1979 Williamson Act contract and thus liable for sales of parcels under 600 acres. 		Real Property Aug. 18, 2008
United States v. Park
Summary judgment is premature where scenic easement permitting 'livestock farming' is too ambiguous to exclude dogs. 		Real Property Aug. 12, 2008
Zack's Inc. v. City of Sausalito
City-mandated leasehold is not immune from general street closure statutes. 		Real Property Aug. 12, 2008
Claudino v. Pereira
Plat is not controlling in case where field notes and extrinsic evidence are used to determine boundary line. 		Real Property Aug. 12, 2008
Baychester Shopping Center Inc. v. San Francisco Residential Rent Stabilization and Arbitration Board (Fingerhut)
Successor in interest is liable for violations of rent ordinance where former landlord unlawfully increased tenant's rent. 		Real Property Aug. 7, 2008
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