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Sego v. Santa Monica Rent Control Board
City's rent control board is statutorily required to issue permissive rent certificate in landlord/tenant dispute.
Real Property Jun. 22, 1999
Akins v. State of California
Reasonableness test inapplicable if flooding is caused by governmental flood control works intentionally diverting water.
Real Property Jun. 21, 1999
C.R. of Rialto Inc. v. City of Rialto
Ordinances preventing adult oriented business from locating within city limits are unconstitutional.
Real Property Jun. 20, 1999
Conley v. Matthes
Deficiency action is barred when substance of transaction constitutes a purchase money transaction.
Real Property Jun. 20, 1999
Bank of America v. Insurance Commissioner of the State of California
Bank cannot collect on bonds covering real property after making a full credit bid at foreclosure.
Real Property Jun. 17, 1999
Field v. Century 21 Klowden-Forness Realty et al.
General statute of limitations for breach of fiduciary duty governs buyer's action against exclusive broker.
Real Property Jun. 16, 1999
Scott v. City of Del Mar
Removal of seawalls and patios encroaching on public beach, is not compensable under takings principles.
Real Property Jun. 16, 1999
Tsemetzin v. Coast Federal Savings and Loan Association
Termination of lease obligations of assignee has no legal impact on assignor's continuing lease obligations.
Real Property Jun. 15, 1999
Contra Costa Water District v. Vaquero Farms Inc.
Government can sever and reserve windpower rights to landowner after taking property by eminent domain.
Real Property Jun. 15, 1999
Leonard v. People
Rerouting traffic by moving freeway off-ramp doesn't require compensation for loss of benefit.
Real Property Jun. 15, 1999
Field v. Century 21 Klowden-Forness Realty
General statute of limitations for breach of fiduciary duty governs buyer's action against exclusive broker.
Real Property Jun. 15, 1999
Macri v. King County
Claim for uncompensated taking by local zoning restriction isn't entitled to substantive due process clause relief.
Real Property Jun. 14, 1999
Macri v. King County
Claim for uncompensated taking by local zoning restriction isn't entitled to substantive due process clause relief.
Real Property Jun. 14, 1999
Kaplan v. Coldwell Banker Residential Affiliates Inc.
Triable issues of facts exist precluding summary judgment against franchisor for acts of broker/franchisee.
Real Property Jun. 14, 1999
Yee v. Mobilehome Park Rental Review Board (City of Escondido)
Rent control is not a 'taking' unless it precludes all economically beneficial use of property.
Real Property Jun. 14, 1999
Dorn v. Solomon
Wife cannot defeat joint tenancy before death and husband gets full title to property.
Real Property Jun. 12, 1999
Federal National Mortgage Association v. Bugna (Kent)
Secured creditor only entitled to claim rents paid after creditor's post-default written demand for rent.
Real Property Jun. 12, 1999
Barer v. County of Riverside
Property taxes and tax liens are not eliminated by non-judicial foreclosure by senior lienholder.
Real Property Jun. 12, 1999
Robinson v. Grossman
Statute doesn't require brokers to independently verify or disclaim seller's representations regarding property defects.
Real Property Jun. 12, 1999
Dorn v. Solomon
Wife cannot defeat joint tenancy before death and husband gets full title to property.
Real Property Jun. 12, 1999
Richardson v. City and Council of Honolulu
Honolulu ordinance allowing condemnation of land to convert condominium leasehold interests to fee interests is upheld.
Real Property Jun. 12, 1999
Bickel v. City of Piedmont
Permit Streamlining Act doesn't prohibit development project applicant from waiving time limits for agency decision.
Real Property Jun. 10, 1999
Western Landscape Construction v. Bank of America National Trust and Savings Association
Subcontractor's submission of mechanic's lien release forms for progress payments doesn't waive right to retention payments.
Real Property Jun. 10, 1999
Davis v. Harris (Department of Real Estate)
Recovery for real estate agent's fraud from Real Estate Recovery Account is limited by agent's license.
Real Property Jun. 8, 1999
Hall v. Butte Home Health Inc.
Restrictive covenant prohibiting group home for disabled is unenforceable.
Real Property Jun. 7, 1999
Barrett v. Dawson
Amendment to statute declaring restrictive covenants void is applied retroactively.
Real Property Jun. 7, 1999
Lechuza Villas West v. California Coastal Commission
Property owner doesn't establish development right absent establishment of location of legal boundary.
Real Property Jun. 6, 1999
Pagano v. Krohn
Agent's disclosure regarding water intrusion on property is sufficient to satisfy duty to disclose.
Real Property Jun. 6, 1999
West v. California Coastal Commission
Property owner doesn't establish development right absent establishment of location of legal boundary.
Real Property Jun. 6, 1999
Mount Olympus Property Owners Association Inc. v. Shpirt
No attorney fees are awarded for property restrictions violations absent common areas between properties.
Real Property Jun. 4, 1999