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Name Category Published
Skoumbas v. Orinda
Triable issues as to whether City acted reasonably in its maintenance of drainage system preclude grant of summary judgment in its favor. 		Real Property Aug. 4, 2008
Witt Home Ranch Inc. v. County of Sonoma
1915 subdivision map cannot be deemed valid map under current law. 		Real Property Aug. 1, 2008
Golden Gate Water Ski Club v. County of Contra Costa
Water ski club is not entitled to equitable estoppel defense and has no protectable property right in its development on island. 		Real Property Jul. 30, 2008
T.O. IX v. Superior Court (Asphalt Professionals Inc.)
Developers must be permitted to record single surety bond in place of nine mechanics' liens recorded against nine-home subdivision. 		Real Property Jul. 28, 2008
Urban Habitat Program v. City of Pleasanton
Statute of limitations does not bar claims against city where violation of state housing law due to conflicting city ordinances is alleged. 		Real Property Jul. 23, 2008
Kassir v. Zahabi
Where property was overencumbered and owner would receive nothing under purchase agreement, no offset of future interest is required. 		Real Property Jul. 21, 2008
Grant v. Ratliff
No presumption that open, notorious, and continuous use of land is adverse exists where circumstances show that road was used as family accommodation. 		Real Property Jul. 17, 2008
SBAM Partners v. Wang
Defendant is not entitled to homestead exemption where he purchased property with non-exempt proceeds after plaintiff recorded judgment. 		Real Property Jul. 11, 2008
Jamison v. Jamison
Due to failure to timely move for new trial, adequacy of owelty award is precluded from being challenged on appeal. 		Real Property Jul. 7, 2008
Christian v. Flora
Plaintiffs prevail in action to quiet title in easement where new parcel map depicting road over easement amends previous map. 		Real Property Jul. 2, 2008
United States v. 87.98 Acres of Land More or Less in the County of Merced
Expert testimony regarding specific EMF levels in just compensation cases can be limited to public's perception. 		Real Property Jun. 25, 2008
Talbott v. Hustwit
Code of Civil Procedure Section 580a does not apply where trust arrangement removed debtor status and defendants are deemed guarantors. 		Real Property Jun. 24, 2008
California National Bank v. Woodbridge Plaza
Pursuant to lease, bank's rent is prevailing rate paid by nearby financial institutions. 		Real Property Jun. 23, 2008
Mayer v. L&B Real Estate
Action to quiet title is timely where it is filed within one year of notice of sale of property. 		Real Property Jun. 17, 2008
Biagini v. Beckham
Where use of property is consistent with private easement, there is no basis for implied acceptance of offer of dedication by public use. 		Real Property Jun. 11, 2008
California Golf v. Cooper
Bidder may not use defense of election of remedies against foreclosing beneficiary where judgment of judicial foreclosure was previously obtained. 		Real Property Jun. 11, 2008
Stone v. Center Trust Retail Properties Inc.
Entry of judgment of possession in unlawful detainer action gives rise to landlord's duty to inspect property and conduct periodic inspections thereafter. 		Real Property Jun. 1, 2008
City of Santa Monica v. Gonzalez
Demolition of property owner's home is deemed appropriate pursuant to receiver's application where notice was proper. 		Real Property May 20, 2008
Casden Park La Brea v. Ross Dress for Less Inc.
Neutral arbitrator has no duty to disclose employer's business relationship with party or party's representative in which he has no financial interest. 		Real Property May 19, 2008
Taylor v. Westly
Plaintiffs' facial challenge to new law addressing escheat issue fails. 		Real Property May 13, 2008
Harvey v. The Landing Homeowners Association
Upon reasonable investigation and good faith, homeowners association board acted properly when it granted homeowners right to use common area for storage. 		Real Property May 1, 2008
Casden Park La Brea v. Ross Dress for Less Inc.
Neutral arbitrator has no duty to disclose employer's business relationship with party or party's representative in which he has no financial interest. 		Real Property Apr. 28, 2008
Brewer v. Murphy
California law recognizes prescriptive rights in surface water between parties, and thus Water Code is not exclusive way to obtain water rights. 		Real Property Apr. 7, 2008
Aviel v. Ng
Trustee sale under deed of trust extinguishes commercial lease made subject to future mortgages in subordination clause. 		Real Property Apr. 3, 2008
Pacific Hills Homeowners Association v. Prun
Action brought against homeowners is subject to five-year statute of limitations even though set-back restriction was not recorded in CC&Rs. 		Real Property Mar. 24, 2008
City of Fremont v. Fisher
Court must exclude expert testimony on temporary severance damages where owners fail to show construction easement interferes with property’s actual intended use. 		Real Property Mar. 3, 2008
Nicoll v. Rudnick
Because water right was appurtenant to entire property, each parcel owner of property acquired water rights proportional to percentage of land acquired. 		Real Property Feb. 28, 2008
McClain v. Octagon Plaza
Plaintiff leasing commercial space is entitled to accounting with respect to her share of common expenses. 		Real Property Feb. 4, 2008
County of Ventura v. Channel Islands Marina Inc.
County landlord is not liable for lessee’s damages caused by newly enacted government regulation preventing lessee from removing improvements made to land. 		Real Property Feb. 1, 2008
Fourth La Costa v. Seith
Reduction of percentage of owners necessary to amend CC&Rs was constitutional and did not exceed court’s statutory authority. 		Real Property Feb. 1, 2008
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