Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B176929
|
Wright v. City of Morro Bay
Property owners cannot claim ownership of portion of adjacent dedicated street, even if it was never opened or used for public purposes. |
Real Property |
|
Mar. 28, 2007 | |
F047706
|
North Kern Water Storage District v. Kern Delta Water District
In water rights case, court erroneously holds that release water cannot be basis for measurement of actual entitlement. |
Real Property |
|
Mar. 20, 2007 | |
S132251
|
Mt. San Jacinto Community College District v. Superior Court (Azusa Pacific University)
Statutory 'quick-take' eminent domain actions do not deprive landowner of its right to just compensation and thus are not unconstitutional. |
Real Property |
|
Mar. 9, 2007 | |
B186454
|
Stardust Mobile Estates v. City of San Buenaventura
Landlord may be entitled to adjustment in 'base rent' amount if it was charging artificially low rent when 'base rent' amount was set. |
Real Property |
|
Mar. 7, 2007 | |
G037423
|
Dyer v. Martinez
Document does not provide constructive notice unless and until it is recorded and can be located by diligent title search. |
Real Property |
|
Mar. 7, 2007 | |
G034963
|
Ciraulo v. City of Newport Beach
Contractor's misconduct in failing to obtain building permit is attributable to homeowners who delegated responsibility for obtaining permit to him. |
Real Property |
|
Feb. 22, 2007 | |
E035868
|
Mt. San Jacinto Community College District v. Superior Court (Azusa Pacific University)
Date of valuation of property in 'quick take' eminent domain proceeding is date of deposit of probable compensation. |
Real Property |
|
Feb. 21, 2007 | |
B181180
|
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 |
|
Feb. 16, 2007 | |
D047285
|
Manderville v. PCG&S Group Inc.
Buyer's claim for intentional misrepresentation is not precluded by exculpatory clauses in purchase agreement nor by buyer's failure to investigate. |
Real Property |
|
Feb. 16, 2007 | |
D047894
|
Black Hills Investments Inc. v. Albertson's Inc.
Contracts violated law where they provided for sale of unsubdivided parcels before seller recorded parcel map in compliance with Subdivision Map Act. |
Real Property |
|
Feb. 13, 2007 | |
B186306
|
Castillo v. Express Escrow Co.
Escrow agent for mobile home sale must hold funds in escrow upon receiving written notice of dispute between buyer and seller. |
Real Property |
|
Feb. 13, 2007 | |
B185339
|
Van Slyke v. Gibson
In real estate transaction case, sellers are not required to first seek mediation in order to recover attorney fees. |
Real Property |
|
Feb. 7, 2007 | |
D043396
|
Cacho v. Boudreau
Mobilehome park owners in rent-control district cannot charge tenants for share of property tax. |
Real Property |
|
Feb. 1, 2007 | |
F047706
|
North Kern Water Storage District v. Kern Delta Water District
Court improperly declared forfeiture where suit was brought to establish forfeiture of appropriative water rights through nonuse. |
Real Property |
|
Jan. 10, 2007 | |
B175054
|
City of Goleta v. Superior Court (Oly Chadmar Sandpiper General Partnership)
Subdivision Map Act exception to rule making approval of final subdivision map ministerial is effective without adoption by newly incorporated city. |
Real Property |
|
Dec. 21, 2006 | |
E037560
|
Wachovia Bank v. Lifetime Industries Inc.
Defendant's lien is not extinguished where exercise of option to purchase did not give plaintiff title to remainder interest. |
Real Property |
|
Dec. 20, 2006 | |
B176929
|
Wright v. City of Morro Bay
Property owners cannot claim ownership of portion of adjacent dedicated street, even if it was never opened or used for public purposes. |
Real Property |
|
Dec. 6, 2006 | |
B186149
|
Schneider v. California Coastal Commission
California Coastal Commission may not consider boater's 'right to view' of coastline as factor in denying development in coastline zone. |
Real Property |
|
Nov. 28, 2006 | |
B182104
|
City of Santa Monica v. Gonzalez
Procedurally defective notice does not invalidate receivership appointment and actions because landowner had actual notice and history of code violations. |
Real Property |
|
Nov. 28, 2006 | |
G035851
|
Peak Investments v. South Peak Homeowners Association Inc.
Statute requires at least simple majority of all members of homeowners association to amend covenants, conditions and restrictions. |
Real Property |
|
Nov. 28, 2006 | |
D044546
|
Red Mountain LLC v. Fallbrook Public Utility District
Ambiguous grant from public entity to private party is construed to only pass rights and interests expressly embraced in its terms. |
Real Property |
|
Nov. 16, 2006 | |
D044546
|
Red Mountain v. Fallbrook Public Utility District
Court erred by failing to construe access easement in favor of public utility district pursuant to Civil Code. |
Real Property |
|
Nov. 7, 2006 | |
E035881
|
Border Business Park Inc. v. City of San Diego
Where alleged invasion of property did not directly and specially affect business park, owner could not prevail on inverse condemnation claim. |
Real Property |
|
Nov. 7, 2006 | |
B181840
|
Borten v. Santa Monica Rent Control Board
Precedent established in prior case defeats landlord's constitutional challenge to rent control board's involvement with non-resident tenant. |
Real Property |
|
Nov. 6, 2006 | |
B179923
|
Markowitz v. Fidelity National Title Co.
Nonsuit is properly granted for sub-escrow where no statutory duty was owed to plaintiff. |
Real Property |
|
Nov. 6, 2006 | |
G036069
|
Farber v. Bay View Terrace Homeowners Association
Where plaintiff was not owner of condominium unit, she lacked standing to enforce CC&R's. |
Real Property |
|
Oct. 25, 2006 | |
A102706
|
Butler-Rupp v. Lourdeaux
Tenant cannot recover for negligent infliction of emotional distress because her damages derive solely from landlord's failure to perform contract obligations. |
Real Property |
|
Oct. 24, 2006 | |
A109532
|
Ung v. Koehler
Trial court erred in granting summary adjudication that precluded sale of plaintiff's property under deed of trust. |
Real Property |
|
Oct. 23, 2006 | |
613808
|
Garber v. Levit
Proposition G's percent ownership requirement for owners of record acquiring interest in property prevails over amendment to rent ordinance. |
Real Property |
|
Oct. 22, 2006 | |
A112185
|
Tilton v. Reclamation District No. 800
In inverse condemnation case involving property damage caused by levee failures, dismissal is proper where plaintiffs failed to allege flawed maintenance plan. |
Real Property |
|
Oct. 22, 2006 |