Recent Case Decisions | firsttuesday Journal

Is an insurer liable for loss of a tenant’s business income when operations are suspended due to the COVID-19 lockdown?

by Robin Jennings | Nov 1, 2024 | Laws and Regulations, Real Estate, Recent Case Decisions | 0

California Supreme Court holds the insurer is not liable for lockdown income loss.

May a tenant subject to a lease with a remaining term less than 35 years avoid reassessment when the property is sold?

by Branden Ekas | Oct 21, 2024 | Real Estate, Recent Case Decisions | 0

Equinix LLC v. County of Los Angeles Facts: A buyer acquires commercial real estate subject to a...

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?

by Robin Jennings | Sep 6, 2024 | Real Estate, Recent Case Decisions | 0

In re: Colyear v. Rolling Hills Facts: A homeowners’ association (HOA) wants to trim trees on a...

May a buyer record a second lis pendens on a property after the original lis pendens has been expunged?

by Branden Ekas | Jul 17, 2024 | Real Estate, Recent Case Decisions | 0

De Martini v. Superior Court Facts: A buyer and seller enter into a purchase agreement for...

Is a residential landlord liable for injuries caused by a tenant’s dogs when the landlord is unaware the dogs are potentially violent?

by Robin Jennings | Jul 16, 2024 | Property Management, Recent Case Decisions | 0

In re: Fraser v. Farvid Facts: A landlord rents a single family residence (SFR) to a tenant. The...

May a co-owner of a home in bankruptcy claim a homestead exemption when they are not occupying the property?

by Branden Ekas | Jul 2, 2024 | Laws and Regulations, Recent Case Decisions | 0

In re: McKee Facts: A couple purchases a home and vest title as co-owners. They later separate....

Is a tenant in a subsidized low-income housing development entitled to money losses when a landlord serves an improper notice to terminate the tenancy?

by Branden Ekas | Jun 20, 2024 | Laws and Regulations, Property Management, Recent Case Decisions | 0

Campbell v. FPI Management, Inc. Facts: A residential landlord rents a unit in a federally...

May a seller of land who reserves a one-half interest in mined minerals excavated under the surface demand income from material that is not specifically defined as a mineral in the grant deed containing the reservation?

by Branden Ekas | Jun 18, 2024 | Laws and Regulations, Recent Case Decisions | 0

Vulcan Lands Inc. v. Older Currier Facts: A seller of land previously excavated for...

Does a homeowner receive a refund for taxes paid when their property value is too high due to an incorrect assessment?

by Branden Ekas | Apr 22, 2024 | Appraisal, Laws and Regulations, Real Estate, Recent Case Decisions, Tax | 0

Greenspan v. County of Los Angeles Facts: A property owner demolishes the improvements on the...

May a property owner maintain an unlawful detainer (UD) action against an occupant under a license agreement which waives all landlord-tenant eviction rights on a default?

by David Swistock | Jan 15, 2024 | Laws and Regulations, Real Estate, Recent Case Decisions | 0

Castaic Studios LLC v. Wonderland Studios LLC

Is a landlord liable for a tenant’s injuries from a dangerous condition which is obvious?

by David Swistock | Jan 8, 2024 | Laws and Regulations, Property Management, Real Estate, Recent Case Decisions | 0

Nicoletti v. Kest

May a co-owner challenge an encumbrance on the other co-owner’s interest in a jointly owned property?

by David Swistock | Jan 4, 2024 | Laws and Regulations, Mortgages, Real Estate, Recent Case Decisions | 0

In re: Groves

Is a property owner liable for injuries sustained by an independent contractor due to a hazardous condition known to the owner and discoverable by the contractor?

by David Swistock | Dec 18, 2023 | Laws and Regulations, Property Management, Real Estate, Recent Case Decisions | 0

Acosta v. MAS Realty LLC.

Is a commercial tenant excused from paying rent during a government mandate to cease operating their business when their lease agreement includes a force majeure provision?

by David Swistock | Dec 11, 2023 | Laws and Regulations, Property Management, Real Estate, Recent Case Decisions | 1

Fitness International LLC v. KB Salt Lake III LLC

May an agency remove an encroachment on a public road to restore parking without first completing an environmental impact report (EIR)?

by David Swistock | Nov 27, 2023 | Laws and Regulations, Real Estate, Recent Case Decisions | 0

Anderson v. County of Santa Barbara

May a landlord maintain an unlawful detainer (UD) action against a tenant who had a prior conflict with the landlord when the landlord intends to remove the property from the rental market?

by David Swistock | Nov 20, 2023 | Bay Area, Laws and Regulations, Property Management, Real Estate, Recent Case Decisions | 0

640 Octavia, LLC. v. Karl Heinz Pieper

Is an LLC which is solely owned by a government agency and takes title to real estate exempt from payment of a documentary transfer tax on acquisition?

by David Swistock | Nov 10, 2023 | Real Estate, Recent Case Decisions, Tax | 0

CSHV 1999 Harrison LLC v. County of Alameda

May an individual in bankruptcy claim an automatic homestead exemption on real estate they occupy as their personal residence when title is vested in an LLC which is co-owned by the individual and their spouse?

by David Swistock | Nov 6, 2023 | Laws and Regulations, Real Estate, Recent Case Decisions | 0

In re: Schaefers

May a buyer who acquires property subject to an existing mortgage which is in default reinstate the mortgage to cure the default when the lender has not called the mortgage due, refuses to accept reinstatement and starts foreclosure?

by David Swistock | Nov 6, 2023 | Laws and Regulations, Loan Products, Mortgages, Real Estate, Recent Case Decisions | 0

Shetty v. HSBC Bank USA, N.A.

NAR® to pay out $1.8 billion in broker conspiracy lawsuit

by Carrie B. Reyes | Nov 2, 2023 | Feature Articles, Real Estate, Recent Case Decisions, Your Practice | 1

The National Association of Realtors® (NAR®) is in hot-money water again, this time for a full-blown conspiracy to inflate broker fees.

Category: Recent Case Decisions

Is an insurer liable for loss of a tenant’s business income when operations are suspended due to the COVID-19 lockdown?

May a tenant subject to a lease with a remaining term less than 35 years avoid reassessment when the property is sold?

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?

May a buyer record a second lis pendens on a property after the original lis pendens has been expunged?

Is a residential landlord liable for injuries caused by a tenant’s dogs when the landlord is unaware the dogs are potentially violent?

May a co-owner of a home in bankruptcy claim a homestead exemption when they are not occupying the property?

Is a tenant in a subsidized low-income housing development entitled to money losses when a landlord serves an improper notice to terminate the tenancy?

May a seller of land who reserves a one-half interest in mined minerals excavated under the surface demand income from material that is not specifically defined as a mineral in the grant deed containing the reservation?

Does a homeowner receive a refund for taxes paid when their property value is too high due to an incorrect assessment?

May a property owner maintain an unlawful detainer (UD) action against an occupant under a license agreement which waives all landlord-tenant eviction rights on a default?

Is a landlord liable for a tenant’s injuries from a dangerous condition which is obvious?

May a co-owner challenge an encumbrance on the other co-owner’s interest in a jointly owned property?

Is a property owner liable for injuries sustained by an independent contractor due to a hazardous condition known to the owner and discoverable by the contractor?

Is a commercial tenant excused from paying rent during a government mandate to cease operating their business when their lease agreement includes a force majeure provision?

May an agency remove an encroachment on a public road to restore parking without first completing an environmental impact report (EIR)?

May a landlord maintain an unlawful detainer (UD) action against a tenant who had a prior conflict with the landlord when the landlord intends to remove the property from the rental market?

Is an LLC which is solely owned by a government agency and takes title to real estate exempt from payment of a documentary transfer tax on acquisition?

May an individual in bankruptcy claim an automatic homestead exemption on real estate they occupy as their personal residence when title is vested in an LLC which is co-owned by the individual and their spouse?

May a buyer who acquires property subject to an existing mortgage which is in default reinstate the mortgage to cure the default when the lender has not called the mortgage due, refuses to accept reinstatement and starts foreclosure?

NAR® to pay out $1.8 billion in broker conspiracy lawsuit

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