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United States v. 0.59 Acres of Land
Jury instruction on electromagnetic fields invasion isn't required in eminent domain action for electrical power easement.
Real Property Jul. 8, 1999
Los Angeles Lincoln Place Investors Ltd. v. City of Los Angeles
Ellis Act pre-empts city's requirement for owner to exit rental business to obtain demolition permit.
Real Property Jul. 8, 1999
Michelson v. Camp
Lenders' full credit foreclosure sale bid in excess of loan related damages precludes recovery in tort.
Real Property Jul. 7, 1999
Hill v. City of Fresno
Developer's suit challenging water fees is improperly dismissed under general statute, since special statute only applies to agency decisions.
Real Property Jul. 7, 1999
Maginn v. City of Glendale
Action to review decision regarding subdivision of property must be commenced and service of summons effected within 90 days of such decision.
Real Property Jul. 7, 1999
United States v. Omdahl
Mortgage action brought by United States is not subject to a limitations period.
Real Property Jul. 7, 1999
Keh v. Walters
Forced vacancy of single space in mobile home park doesn't constitute statutory 'change of use.'
Real Property Jul. 6, 1999
Suitum v. Tahoe Regional Planning Agency
Property owner isn't required to sell 'transferable development rights' before taking claim can be adjudicated.
Real Property Jul. 6, 1999
Weikel v. TCW Realty Fund II Holding Co.
Doctrine of res judicata bars second action by shopping center owner against neighbor over boundary property.
Real Property Jul. 3, 1999
Ward v. Superior Court (Beverlywood Homes Association)
Homeowner's association lacks authority to record document asserting homeowner's violation of covenants, conditions and restrictions.
Real Property Jun. 29, 1999
R.T. Vanderbilt Co. v. Babbitt
Equitable title to mining claim doesn't vest until Interior Secretary confirms patent and accepts tender.
Real Property Jun. 28, 1999
People ex rel. Dept. of Transportation v. Leslie
Measure of damages of condemned property holding two interdependent businesses is combined loss of goodwill.
Real Property Jun. 28, 1999
Flahive v. City of Dana Point
Commissioner can issue abatement warrant when party adversely affected by it appears and stipulates to have commissioner hear the matter.
Real Property Jun. 28, 1999
Cooper v. Cano
Quitclaim deed releasing beneficiary's interest in a deed of trust is valid under California law.
Real Property Jun. 28, 1999
DeBerard Properties Ltd. v. Lim
After a purchase money land sale, purchaser can't contractually waive protection against deficiency judgment in order to obtain new consideration.
Real Property Jun. 28, 1999
Onofrio v. Rice
Court's finding defendant acted as real estate broker doesn't exempt him from statutes governing financial consultants.
Real Property Jun. 26, 1999
Padgett v. Phariss
Realtor has no duty to inquire of homeowners' association whether property has construction defects.
Real Property Jun. 26, 1999
Bunch v. Coachella Valley Water
Public entity isn't liable for flood damage resulting from failed flood control facilities reasonably maintained.
Real Property Jun. 26, 1999
Schumacher v. Worcester
Time to file bond foreclosure complaint is extended for length of debtor's bankruptcy.
Real Property Jun. 26, 1999
Community Redevelopment Agency of The City of Hawthorne v. Force Electronics
Condemnee can choose to allow installment payments on eminent domain taking or get property back.
Real Property Jun. 26, 1999
Fleck v. Bollinger Home Corp. Inc.
Builder can assign its cross-complaint against developer to homeowner suing for damages caused by subsidence.
Real Property Jun. 26, 1999
Landgate Inc. v. California Coastal Commission
Coastal Commission's denial of permit temporarily depriving owner of economically viable use of land is taking.
Real Property Jun. 26, 1999
Countrywide Home Loans Inc. v. Superior Court (Clance)
Alternative writ improvidently granted, regarding foreclosure notice, can be rescinded without opinion or oral argument.
Real Property Jun. 26, 1999
Pacific Preferred Properties v. Moss
Prevailing party in litigation suit can enforce attorney fees provision in real estate contract against broker.
Real Property Jun. 24, 1999
Ventura County Flood Control District v. Campbell
In determining just compensation for property in eminent domain action, court must look at value of both above and below ground uses.
Real Property Jun. 24, 1999
Campbell v. Alger
Public entity's involuntary taking by condemnation doesn't trigger private contractual right of first refusal.
Real Property Jun. 24, 1999
Tully v. World Savings & Loan Assoc.
Acceptance of outstanding loan payment raises factual issue of bank's agreement to terminate pending foreclosure.
Real Property Jun. 23, 1999
152 Valparaiso Associates v. City of Cotati
Rent control law denying property owners a fair return on investments is unconstitutional.
Real Property Jun. 23, 1999
People ex rel. Lungren v. Community Redevelopment Agency For The City Of Palm Springs
Dismissal for failure to join Indian tribe as indispensable party is error.
Real Property Jun. 23, 1999
Kavanau v. Santa Monica Rent Control Board
Rent board's rent increase limitation violates landowner's due process rights but doesn't constitute taking.
Real Property Jun. 23, 1999