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Name Category Published
Knapp v. Doherty
Minor procedural irregularity in foreclosure sale is not enough to set aside trustee's sale. 		Real Property Jan. 10, 2005
Gibbo v. Berger
Loan prepared by real estate broker is not exempt from usury protections. 		Real Property Jan. 10, 2005
Reidy v. City and County of San Francisco
Landlord may remove property from rental market without complying with local law requiring replacement units. 		Real Property Jan. 10, 2005
D'Orsay Int'l Partners v. Superior Court (Stone)
Contractor could not assert mechanic's lien when construction did not commence on property. 		Real Property Jan. 10, 2005
Burnett v. Chimney Sweep
Provision of lease limiting landlord's liability that failed to expressly preclude liability for negligence does not preclude tenant's suit for mildew damages. 		Real Property Jan. 10, 2005
Travis v. County of Santa Cruz
Because facial attack on land-use ordinance is subject to 90-day statute of limitations, petitioners' action is time-barred. 		Real Property Jan. 5, 2005
Tesco Controls Inc. v. Monterey Mechanical Co.
Release of mechanic's lien creates waiver of all lien rights up to stated date, but allows mechanic compensation under contract. 		Real Property Dec. 5, 2004
U.S. v. Real Property Located at 5208 Los Franciscos Way
Court properly determined that transfer of property was fraudulent based on failure to oppose motion. 		Real Property Nov. 30, 2004
Larsson v. Grabach
Easement by implication can exist when property is divided and distributed by court decree among heirs after property owner's death. 		Real Property Oct. 7, 2004
Kirkeby v. Superior Court (Fascenelli)
Claim for fraudulent conveyance of real property supports recording of lis pendens. 		Real Property Oct. 5, 2004
California National Bank v. Havis
Letter with words 'payoff funds' that does not indicate amount owing on loan is not payoff demand statement. 		Real Property Sep. 24, 2004
Bello v. ABA Energy Corp.
Energy company did not trespass on farm because county properly issued a right-of-way encroachment permit. 		Real Property Sep. 24, 2004
SFPP LP v. Burlington Northern & Santa Fe Railway Co.
Referee in railroad right-of-way case did not commit legal errors in applying condemnation statute. 		Real Property Sep. 24, 2004
Serra Canyon Co. Ltd. v. California Coastal Commission
Landowner is barred from challenging 20-year old offer to dedicate land for public use. 		Real Property Sep. 24, 2004
Congregation Etz Chaim v. City of Los Angeles
City is estopped from denying congregation's building permit is valid when it was previously approved. 		Real Property Aug. 23, 2004
Felgenhauer v. Soni
Person can claim prescriptive easement without believing he is legally entitled to use easement. 		Real Property Aug. 6, 2004
Siegel v. Anderson Homes Inc.
Successive home owners have standing to sue for construction defects that existed prior to purchase. 		Real Property Jul. 30, 2004
Guardian Angel Polich National Catholic Church of Los Angeles v. Grotnik
Parish that tried to separate from church loses right to keep parish property. 		Real Property Jul. 29, 2004
Dieckmeyer v. Redevelopment Agency of the City of Huntington Beach
Owner of low-income condominium may prepay loan without paying equity share to lender. 		Real Property Jul. 29, 2004
Yuzon v. Collins
Landlord who had no knowledge of dog's vicious nature had no duty of care toward tenant's guest. 		Real Property Jul. 26, 2004
Hanshaw v. Long Valley Road Assn.
Failure to complete statutory dedication does not negate possibility of common law dedication. 		Real Property Jul. 26, 2004
Citizens For Better Streets v. Board of Supervisors of the City and County of San Francisco
Defendants did not violate Streets and Highways Code by failing to sell property at market value to fund construction project. 		Real Property Jul. 26, 2004
Mt. San Jacinto Community College District v. Superior Court (Azusa Pacific Univ.)
Land owner who made improvements after service in eminent domain action, cannot sue for value in inverse condemnation proceeding. 		Real Property Jul. 26, 2004
Coldwell Banker Residential Brokerage Co. Inc. v. Superior Court (Salazar)
Minor who lived in contaminated house failed to state cause of action against seller's broker. 		Real Property Jul. 26, 2004
Villa De Las Palmas Homeowners Assoc. v. Terifaj
Use restriction in amended declaration recorded subsequently to homeowner's purchase of condo is binding. 		Real Property Jul. 25, 2004
Stolman v. City of Los Angeles
Zoning administrator abuses discretion by granting variance to gas station in residential area. 		Real Property Jul. 22, 2004
Pellandini v. Valadao
Plaintiff's right of first refusal is not triggered by co-tenant's transfer of her interest in property to other co-tenant. 		Real Property Jul. 21, 2004
Kirkeby v. Superior Court (Fascenelli)
Complaint does not support lis pendens because fraudulent conveyance cause of action does not further claim to property title or possession. 		Real Property Jul. 20, 2004
Harrison v. Welch
Landowner is not entitled to exclusive prescriptive easement over neighbor's property. 		Real Property Jul. 19, 2004
Anthony v. Snyder (Barratt American Inc.)
Neighbor of real estate development project is not entitled to demand that developer make street improvements. 		Real Property Jul. 12, 2004
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