Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
E018130
|
McDowell v. Watson
No award of attorney fees when relief sought is essentially injunctive in nature. |
Real Property |
|
Jun. 4, 1999 | |
B105272
|
Teaman v. Wilkinson
Creditors cannot force sale of homestead to satisfy judgment lien if surplus equity later accrues. |
Real Property |
|
Jun. 4, 1999 | |
A076279
|
Milagra Ridge Partners Ltd. v. City of Pacifica
Claim fails under ripeness doctrine when zoning designations leave property use speculative. |
Real Property |
|
Jun. 4, 1999 | |
B107510
|
Kaplan v. Coldwell Banker Residential Affiliates Inc.
Coldwell Banker isn't liable for acts or omissions of broker who independently owned and operated franchise. |
Real Property |
|
Jun. 3, 1999 | |
E016259
|
City of Lake Elsinore v. Ranel Development Co.
Court errs by dismissing eminent domain claim after city fails to adopt resolution of necessity. |
Real Property |
|
Jun. 3, 1999 | |
97-36006
|
Leisnoi Inc. v. United States of America
Where Government conveys land to Native village corporation, district court lacks initial subject matter jurisdiction to hear quiet title action. |
Real Property |
|
Jun. 3, 1999 | |
H018153
|
Langer v. Redevelopment Agency of the City of Santa Cruz
Government agency isn't liable for inverse condemnation where it did not take properties by actual condemnation or its substantial equivalent. |
Real Property |
|
Jun. 3, 1999 | |
B104613
|
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. 3, 1999 | |
S067467
|
Lake Cadena Investments LTD. v. City of Colton
City's rent stabilization ordinance is pre-empted by Mobilehome Residency Law. |
Real Property |
|
Jun. 3, 1999 | |
98-0325
|
Blanchard v. Show Low Planning and Zoning Commission
Rezoning is valid even though public hearing and approval occurs before the land is annexed. |
Real Property |
|
May 28, 1999 | |
A077421
|
Citizens For Open Access to Sand and Tide Inc. v. Seadrift Association
Action for implied dedication of public recreational easement is barred by doctrine of res judicata. |
Real Property |
|
May 27, 1999 | |
A078481
|
First Presbyterian Church of Berkeley v. City of Berkeley
Ellis Act pre-empts municipal regulations regarding landlord's ability to demolish residential property but not environmental regulations. |
Real Property |
|
May 26, 1999 | |
S065446
|
Lambert v. City and County of San Francisco
City's denial of permit to convert residential hotel units to tourist units doesn't effect a 'taking'. |
Real Property |
|
May 26, 1999 | |
E017501
|
Swiss Property Management Co. Inc. v. Southern California IBEW-NECA Pension Plan
California Land Title Association form subordination agreement gives lender's deed of trust priority over seller's deed. |
Real Property |
|
May 26, 1999 | |
A074816
|
Ching v. San Francisco Board of Permit Appeals (Harsch Investment Corp.)
Appeal of conditional use permit based on conflict of interest by Board member is untimely. |
Real Property |
|
May 26, 1999 | |
E016259
|
City of Lake Elsinore v. Ranel Development Co.
City's failure to adopt resolution of necessity in eminent domain action doesn't necessitate dismissal. |
Real Property |
|
May 26, 1999 | |
A078481
|
First Presbyterian Church of Berkeley v. City of Berkeley
Ellis Act pre-empts municipal regulations regarding landlord's ability to demolish residential property but not environmental regulations. |
Real Property |
|
May 26, 1999 | |
E017900
|
Lake Cadena Investments Ltd. v. City of Colton
City's rent stabilization ordinance is pre-empted by Mobilehome Residency Law. |
Real Property |
|
May 26, 1999 | |
96-56369
|
Gibson v. County of Riverside
State legislature can exempt county from statutory ban on 'seniors-only' zoning. |
Real Property |
|
May 26, 1999 | |
B103078
|
Shapiro v. Sutherland
Property seller has common law and statutory obligation to make full disclosure of 'neighborhood noise problem.' |
Real Property |
|
May 26, 1999 | |
B103078
|
Shapiro v. Sutherland
Home sellers may be liable to indirect purchasers for misrepresentation and failure to disclose material facts. |
Real Property |
|
May 26, 1999 | |
97-731
|
United States v. Beggerly
Attack on settlement agreement quieting title in United States alleges no grave miscarriage of justice and is untimely. |
Real Property |
|
May 26, 1999 | |
C015891
|
Akins v. The State of California
Reasonableness test inapplicable if governmental flood control works floods property not historically subject to flooding. |
Real Property |
|
May 25, 1999 | |
B114125
|
Brown v. FSR Brokerage Inc.
Brokers are liable for damages when they breach fiduciary duties while representing both buyer and seller. |
Real Property |
|
May 25, 1999 | |
B105840
|
First Fidelity Thrift & Loan Association v. Alliance Bank
Deed that is first of record, even though second in time, has priority. |
Real Property |
|
May 24, 1999 | |
B112956
|
Nelson v. Gorian and Associates
Soil substance damage complaint is time-barred since lot's grading completed over 10 years before suit. |
Real Property |
|
May 21, 1999 | |
E018978 and E019611
|
Mead v. Sanwa Bank of California
Landowners' deed of trust in favor of developer's construction lender makes them surety but doesn't prevent foreclosure. |
Real Property |
|
May 21, 1999 | |
97-35124
|
Dodd v. Hood River County
Issues in state administrative and judicial proceedings preclude relief in parallel federal 'takings' claim. |
Real Property |
|
May 21, 1999 | |
B103522
|
San Paolo U.S. Holding Co. v. 816 South Figueroa Co.
'Fair value' following judicial foreclosure isn't reduced by impact of foreclosure or right of redemption. |
Real Property |
|
May 21, 1999 | |
B097484
|
Liontos v. County Sanitation Districts of Los Angeles County
Property owner can recover for impairment of access caused by public improvement work if impairment unnecessary. |
Real Property |
|
May 20, 1999 |