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Name Category Published
Marriage of Ruelas
Daughter’s use of her good credit to help her parents purchase condominium creates resulting trust, and condominium is not daughter’s community property.
Real Property Aug. 22, 2007
League of Residential Neighborhood Advocates v. City of Los Angeles
Settlement with congregation authorizing City to disregard zoning ordinance to permit synagogue is void without notice and finding of violation of federal law.
Real Property Aug. 22, 2007
Inglewood Redevelopment Agency v. Aklilu
Expert testimony on lost goodwill value of business that redevelopment agency is unable to relocate is properly admitted based on 'cost to create' approach.
Real Property Aug. 21, 2007
Vacation Village Inc. v. Clark County, Nevada
County’s height restriction on airport-adjacent land amounted to per se regulatory taking, entitling property owner to just compensation.
Real Property Aug. 12, 2007
Stoneridge Parkway Partners v. MW Housing Partners III
Loan is exempt from constitutional usury prohibition where licensed real estate broker did not negotiate loan on his own behalf.
Real Property Aug. 5, 2007
Inglewood Redevelopment Agency v. Aklilu
Expert testimony on lost goodwill value of business that redevelopment agency is unable to relocate is properly admitted based on 'cost to create' approach.
Real Property Jul. 31, 2007
Castaneda v. Olsher
Nonsuit is proper where landlord has no duty to not rent to gang members or evict potential members absent foreseeable violence.
Real Property Jul. 30, 2007
Haley v. Casa Del Rey Homeowners Association
Nonsuit on homeowner’s nuisance claim against homeowners association is proper where there was no unreasonable interference or actual damage to homeowner.
Real Property Jul. 29, 2007
Opinion of Brown
County recorder is not required to make copy of ‘separate paper’ indicating documentary transfer tax amount before returning it to recording party.
Real Property Jul. 23, 2007
Vacation Village Inc. v. Clark County, Nevada
County’s height restriction on airport-adjacent land amounted to per se regulatory taking, entitling property owner to just compensation.
Real Property Jul. 23, 2007
Starrh and Starrh Cotton Growers v. Aera Energy LLC
$3.8 million award for continuing trespass is reversed where jury must determine whether restoration costs to abate pollution were reasonable.
Real Property Jul. 22, 2007
Kinney v. Overton
Party has no interest in property that would support cause of action for quiet title.
Real Property Jul. 18, 2007
Hartzheim v. Valley Land & Cattle Co.
Intra-family transfer of real property did not trigger right of first refusal in lease where lessor transferred property to grandchildren.
Real Property Jul. 17, 2007
Daro v. Superior Court (Foy)
Tenants evicted under Ellis Act lack standing to bring Unfair Competition Law claim for owners' failure to comply with Subdivided Lands Act.
Real Property Jul. 5, 2007
Episcopal Church Cases
Local congregation that disaffiliates from general church cannot take parish property where governing instrument provides for trust on local church members' property.
Real Property Jun. 27, 2007
LT-WR LLC v. California Coastal Commission
Commission violates owner's right to exclude public by denying permit to maintain gates and no trespassing signs based on 'potential' prescriptive rights.
Real Property Jun. 24, 2007
LT-WR LLC v. California Coastal Commission
Commission violates owner's right to exclude public by denying permit to maintain gates and no trespassing signs based on 'potential' prescriptive rights.
Real Property Jun. 22, 2007
Daro v. Superior Court (Foy)
Tenants evicted under Ellis Act lack standing to bring Unfair Competition Law claim for owners' failure to comply with Subdivided Lands Act.
Real Property Jun. 8, 2007
Daro v. Superior Court (Foy)
Tenants evicted under Ellis Act lack standing to bring Unfair Competition Law claim for owners' failure to comply with Subdivided Lands Act.
Real Property Jun. 7, 2007
Dina v. People ex rel. Dept. of Transportation
Trial court may determine liability issues in eminent domain proceeding to conclude property owners could not support inverse condemnation and nuisance claims.
Real Property Jun. 6, 2007
Dina v. People ex rel. Dept. of Transportation
Trial court may determine liability issues in eminent domain proceeding to conclude property owners could not support inverse condemnation and nuisance claims.
Real Property Jun. 5, 2007
Carr v. Kamins
Judgment quieting title to property by adverse possession is vacated where owner's daughter lived on property but never received service by publication.
Real Property Jun. 1, 2007
Kalway v. City of Berkeley
Court refuses to allow landowner to deed parcel to his wife in effort to circumvent societal benefits of Subdivision Map Act.
Real Property Jun. 1, 2007
Carr v. Kamins
Judgment quieting title to property by adverse possession is vacated where owner's daughter lived on property but never received service by publication.
Real Property Jun. 1, 2007
Kalway v. City of Berkeley
Court refuses to allow landowner to deed parcel to his wife in effort to circumvent societal benefits of Subdivision Map Act.
Real Property Jun. 1, 2007
LT-WR LLC v. California Coastal Commission
Commission violates owner's right to exclude public by denying permit to maintain gates and no trespassing signs based on 'potential' prescriptive rights.
Real Property May 30, 2007
LT-WR LLC v. California Coastal Commission
Commission violates owner's right to exclude public by denying permit to maintain gates and no trespassing signs based on 'potential' prescriptive rights.
Real Property May 29, 2007
L&B Real Estate v. Los Angeles County Housing Authority
Low income housing development belongs to Housing Authority, not real estate company, after tax deed is invalidated.
Real Property Apr. 16, 2007
Amalgamated Bank v. Superior Court (Corinthian Homes)
Judgment creditor may not bring action to set aside sale in order to deny third party purchaser of interest in property.
Real Property Apr. 16, 2007
United States v. 191.07 Acres of Land
Because stipulated dates of taking were prior to filing of declaration, district court correctly found issue of just compensation was part of inverse condemnation action.
Real Property Apr. 13, 2007