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McDowell v. Watson
No award of attorney fees when relief sought is essentially injunctive in nature.
Real Property Jun. 4, 1999
Teaman v. Wilkinson
Creditors cannot force sale of homestead to satisfy judgment lien if surplus equity later accrues.
Real Property Jun. 4, 1999
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Gibson v. County of Riverside
State legislature can exempt county from statutory ban on 'seniors-only' zoning.
Real Property May 26, 1999
Shapiro v. Sutherland
Property seller has common law and statutory obligation to make full disclosure of 'neighborhood noise problem.'
Real Property May 26, 1999
Shapiro v. Sutherland
Home sellers may be liable to indirect purchasers for misrepresentation and failure to disclose material facts.
Real Property May 26, 1999
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
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
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
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
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
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
Dodd v. Hood River County
Issues in state administrative and judicial proceedings preclude relief in parallel federal 'takings' claim.
Real Property May 21, 1999
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
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