Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
D073744
|
Modification: Cleveland Nat. Forest Foundation v. County of San Diego
County Board did not properly consider the connection between residential and agricultural uses as required by Subdivision Map Act Section 66474.4 and the Williamson Act. |
Real Property |
|
T. O'Rourke | Aug. 23, 2019 |
S243247
|
City of Oroville v. Superior Court
City of Oroville not liable in inverse condemnation because sewage backup was not unavoidable consequence of risk posed by the sewer system and plaintiffs lacked a legally required backwater valve. |
Real Property |
|
M. Cuéllar | Aug. 16, 2019 |
18-35616
|
Barnes v. Chase Home Finance
Plaintiff's loan was a residential mortgage transaction, without right of rescission, because he used the money to pay a property division judgment and his ex-wife's outstanding loan balance, thus reacquiring property. |
Real Property |
|
B. Rothstein | Aug. 15, 2019 |
B283986
|
Ranch at the Falls LLC v. O'Neal
Trial court erroneously entered quiet title judgment despite plaintiff's failure to join indispensable parties to the litigation, and plaintiff's express, prescriptive and equitable easement claims failed. |
Real Property |
|
E. Grimes | Aug. 2, 2019 |
D073744
|
Cleveland Nat. Forest Foundation v. County of San Diego
County Board did not properly consider the connection between residential and agricultural uses as required by Subdivision Map Act Section 66474.4 and the Williamson Act. |
Real Property |
|
T. O'Rourke | Jul. 29, 2019 |
B278271
|
Eisen v. Tavangarian
Under California law, a landowner has no right to an unobstructed view, which includes any obstructions that may be caused by new improvements to neighboring property. |
Real Property |
|
D. Perluss | Jun. 25, 2019 |
A152549
|
Raney v. Cerkueira
Automatic restraining order pursuant to Family Code Section 2040 allows elimination of right of survivorship but notice is required, so spouse could file or serve notice of severance before or after recording. |
Real Property |
|
M. Simons | Jun. 19, 2019 |
H044905
|
Longview International Inc. v. Stirling
Recording of abstract of judgment while corporation was suspended is a procedural matter which was retroactively validated when its corporate powers were restored. |
Real Property |
|
A. Grover | Jun. 4, 2019 |
S243294
|
Black Sky Capital, LLC v. Cobb
Code of Civil Procedure Section 580d did not preclude creditor holding two deeds of trust on same property from recovering deficiency judgment on junior lien extinguished by nonjudicial foreclosure sale on the senior. |
Real Property |
|
G. Liu | May 7, 2019 |
A152827
|
Modification: Taniguchi v. Restoration Homes
Under Civil Code Section 2924c, borrower can cure default of loan and reinstate loan by paying amount of the default, including fees and costs, rather than entire accelerated balance; thus, summary judgment reversed. |
Real Property |
|
M. Miller | May 6, 2019 |
A152827
|
Taniguchi v. Restoration Homes
Under Civil Code Section 2924c, borrower can cure default of loan and reinstate loan by paying amount of the default, including fees and costs, rather than entire accelerated balance; thus, summary judgment reversed. |
Real Property |
|
M. Miller | May 2, 2019 |
B295140
|
Chun v. Del Cid
A property does not qualify as a single-family exemption under LAMC Section 12.03 if it does not fit the meaning of a detached dwelling and contains more than one dwelling unit. |
Real Property |
|
T. Willhite | Apr. 29, 2019 |
B278254
|
York v. City of Los Angeles
Trial court did not abuse its discretion in denying plaintiffs' mandate petition because denial of grading request did not preclude plaintiffs from submitting another, more modest, development proposal. |
Real Property |
|
L. Edmon | Apr. 8, 2019 |
A150002
|
Point San Pedro Road Coalition v. County of Marin
Marin County's approval of Resolution No. 2015-108 unlawfully extended or enlarged San Rafael Rock Quarry Inc.'s nonconforming use, violating Marin County Code Section 22.122.010.A and the County's zoning ordinance. |
Real Property |
|
I. Petrou | Apr. 5, 2019 |
B284374
|
Shoen v. Zacarias
Trial court's grant of an irrevocable license was an abuse of discretion because the court construed the 'substantial expenditure' requirement too permissively; thus, grant of irrevocable license reversed. |
Real Property |
|
B. Hoffstadt | Apr. 5, 2019 |
17-15796
|
Bank of America v. Arlington West Twilight HOA
A private lender can preserve its first deed of trust on a property and help homeowners explore alternatives to foreclosure by paying off the superpriority portion of the homeowners Association Lien. |
Real Property |
|
P. Curiam (9th Cir.) | Apr. 4, 2019 |
D073378
|
JPMorgan Chase Bank, N.A. v. Ward
Although defendant did not indicate his signing capacity, deed of trust conveyed good title to property; thus, judgment was reversed. |
Real Property |
|
W. Dato | Apr. 1, 2019 |
D071849
|
Bevis v. Terrace View Partners, LP
If no rent control ordinance applies to a property, its owner generally cannot be held civilly liable for charging rent or increasing rent expressly allowed under the parties' lease agreement. |
Real Property |
|
J. McConnell | Mar. 25, 2019 |
17-1307
|
Obduskey v. McCarthy & Holthus LLP
Law firm engaged in no more than nonjudicial foreclosure proceedings is not a 'debt collector' under Fair Debt Collection Practices Act; thus, act's other requirements did not apply. |
Real Property |
|
S. Breyer | Mar. 21, 2019 |
E067938
|
Citrus El Dorado v. Chicago Title Co.
Trustee's sale of real property following nonjudicial foreclosure is subject to tort liability only for the violation of duties established by the deed of trust and governing statutes; thus, defendant's demurrer properly sustained. |
Real Property |
|
M. Raphael | Mar. 7, 2019 |
B284550
|
City of Sierra Madre v. SunTrust Mortgage
Authorizing a super-priority lien to secure loan taken by receiver to fund remediation of defendants' property not abuse of discretion; receiver has broad powers under Code of Civil Procedure Section 568. |
Real Property |
|
L. Lavin | Feb. 28, 2019 |
E068064
|
Orchard Estate Homes v. Orchard Homeowners Alliance
Voter apathy not a required element to reduce the percentage of affirmative votes to adopt an amendment to the covenants, conditions, and restrictions of a planned development under Civil Code Section 4275. |
Real Property |
|
M. Ramirez | Feb. 25, 2019 |
A152946
|
Ditzian v. Unger
Prescriptive easement allowing plaintiffs to access sand dunes via defendant's property not a public easement prohibited by Civil Code Section 1009 because it was a private prescriptive easement between neighboring landowners. |
Real Property |
|
M. Simons | Jan. 28, 2019 |
B272028
|
Modification: Eith v. Ketelhut
Trial court properly deferred to Homeowners' Association Board's discretionary decision that defendants' operation of vineyard did not violate prohibition against business or commercial activity because it did not affect residential character. |
Real Property |
|
A. Gilbert | Jan. 15, 2019 |
B286609
|
Smyth v. Berman
The general presumption is that a right of first refusal contained in a written lease expires when that leasehold ends and the tenant becomes a 'holdover' tenant; thus, dismissal affirmed. |
Real Property |
|
B. Hoffstadt | Jan. 14, 2019 |
B272028
|
Eith v. Ketelhut
Trial court properly deferred to Homeowners' Association Board's discretionary decision that defendants' operation of vineyard did not violate prohibition against business or commercial activity because it did not affect residential character. |
Real Property |
|
A. Gilbert | Dec. 19, 2018 |
S241324
|
Dr. Leevil, LLC v. Westlake Health Care Center
Before serving three-day notice to quit, party obtaining real property under power of sale contained in deed of trust must perfect title. |
Real Property |
|
M. Chin | Dec. 18, 2018 |
H041620
|
Durante v. Co. of Santa Clara
A property owner obtaining a change of title from tenancy-in-common to a life-estate, in the same property, results in a change of ownership for purposes of property value assessment. |
Real Property |
|
A. Grover | Dec. 4, 2018 |
B286043
|
Zissler v. Saville
As a matter of law an easement is not considered a general easement, limited to historical use, if drafted in general but unambiguous terms that are consistent with its purpose. |
Real Property |
|
K. Yegan | Nov. 30, 2018 |
A152709
|
Rasooly v. City of Oakley
Conflicting statutory language when determining the proper method for service of process cannot be interpreted in manner that creates an unreasonable and unintended result contrary to the legislative intent. |
Real Property |
|
T. Bruiniers | Nov. 26, 2018 |