Does an owner of property adjacent to a highway owe a duty to protect the driving public by removing a tree which presents a dangerous condition?
Union Pacific Railroad Company v. Superior Court (Abrams)
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Category: Recent Case Decisions
May a mortgage holder who records a notice of trustee’s sale (NOTS) while an application for mortgage modification is pending avoid violating the Homeowner’s Bill of Rights (HBOR) by filing a new NOTS more than a year after the application is denied?
Reese v. Select Portfolio Servicing, Inc.
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May a shopping mall landlord avoid a lease agreement provision reducing a tenant’s rent when the level of occupancy drops in the property?
The California Supreme Court holds rent provisions based on occupancy levels are enforceable.
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May a lis pendens recorded on a property purchased with trust assets be expunged when the appointment of the successor trustee and sole beneficiary is disputed?
A California appeals court holds there is a real property claim when a property’s title is vested in the name of a disputed successor trustee.
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Is a seller’s assignment of their claim against a broker for breach of fiduciary duty enforceable by the assignee when the broker fails to disclose the dual agency of their agents?
A California appeals court holds a cause of action against a broker for breach of fiduciary duty is transferable.
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Does a property manager owe a duty of care to resolve disputes between neighbors?
A California appeals court holds a property manager’s duty of care does not encompass resolving disputes between neighbors.
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Is an insurer liable when an owner is covered for loss of business income due to a virus and operations are suspended during the COVID-19 lockdown?
John’s Grill v. Hartford Financial Services Group, Inc.
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May a property owner use their easement on a neighbor’s property to transport their cannabis crop without the consent of their neighbor?
A California appeal court holds an easement for an illegal purpose is invalid.
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Will the transfer of real estate from a corporation to a trust vesting trigger reassessment of the property when all the stockholders do not receive equal proportional beneficial interests in the trust vesting?
Facts: A corporation transfers ownership of real estate to a trustee of a trust. The beneficiaries...
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May a local agency require payment of an impact fee to obtain a building permit when the fee amount is unrelated to the individual impact of the construction?
The U.S. Supreme Court holds impact fees which are a condition to receive building permits need a reasonable relationship between the fee amount and the individual impact.
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May a landlord maintain an unlawful detainer (UD) action against a tenant when the landlord provides an ambiguous three-day notice to pay rent?
A California appeals court holds an unlawful detainer (UD) action needs an unambiguous three-day notice to pay to recover possession from a tenant.
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May an owner of developable property encumbered by an undisclosed easement recover under a policy of title insurance the diminution in value based on the property’s highest and best use?
A California appeals court holds the property’s value under a title insurance policy is based on the highest and best use.
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Is an insurer liable for loss of a tenant’s business income when operations are suspended due to the COVID-19 lockdown?
California Supreme Court holds the insurer is not liable for lockdown income loss.
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May a tenant subject to a lease with a remaining term less than 35 years avoid reassessment when the property is sold?
Equinix LLC v. County of Los Angeles Facts: A buyer acquires commercial real estate subject to a...
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May an HOA trim trees on a parcel within the HOA when its CC&Rs do not include a tree-cutting provision while other parcels do have a provision?
In re: Colyear v. Rolling Hills Facts: A homeowners’ association (HOA) wants to trim trees on a...
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May a buyer record a second lis pendens on a property after the original lis pendens has been expunged?
De Martini v. Superior Court Facts: A buyer and seller enter into a purchase agreement for...
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