Recent Case Decisions | firsttuesday Journal

May an owner of residential rental property use a rent control exception for new housing when the property was previously used as military housing and the owner is the first to receive a certificate of occupancy for the property?

by Lily Hart | Jan 5, 2026 | Features, Real Estate, Recent Case Decisions | 0

CP VI Admirals Cove, LLC v. City of Alameda

Is a seller under a purchase agreement provision for attorney fees who initially refuses to mediate but later offers mediation before the buyer files litigation entitled to attorney fees when they prevail?

by Lily Hart | Dec 12, 2025 | Features, Real Estate, Recent Case Decisions | 0

Evleshin v. Meyer

May a County Assessor ignore a written agreement between a senior homeowner and the Board of Supervisors to retroactively transfer the base year property value from a primary residence in different county?

by Lily Hart | Dec 4, 2025 | Features, Real Estate, Recent Case Decisions | 0

Sceper v. County of Trinity

Must a mortgage holder prove their ownership of the mortgage debt to the owner of the encumbered property by producing the original promissory note and chain of mortgage assignments before a trustee’s foreclosure sale can take place?

by Lily Hart | Dec 1, 2025 | Features, Real Estate, Recent Case Decisions | 0

Gallusz v. LLP Mortgage, Inc

May structures built without permits along a long-standing fence considered the border line remain as a prescriptive easement?

by Lily Hart | Nov 6, 2025 | Features, Real Estate, Recent Case Decisions | 0

Wang v. Peletta

Does a signed waiver release the city from their duty to repair a dangerous road condition that injures a cyclist?

by Lily Hart | Nov 3, 2025 | Features, Real Estate, Recent Case Decisions | 0

Whitehead v. City of Oakland

May a homeowner in a Chapter 13 bankruptcy plan cram down the principal balance on a short-term second mortgage encumbering their primary residence and include rent from a rent-a-room tenant as income to support the new mortgage payments?

by Lily Hart | Oct 27, 2025 | Real Estate, Recent Case Decisions | 0

A United States court of appeals holds cramdowns on short term mortgages during Chapter 13 bankruptcy are enforceable.

Is percolating groundwater which seeps into an aquifer conveyed with the land when a mortgage holder forecloses on a parcel of real estate?

by Robin Jennings | Jun 30, 2025 | Buyers and Sellers, Mortgages, Real Estate, Recent Case Decisions | 0

Sandton Agriculture Investments III, LLC v. 4-S Ranch Partners, LLC

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?

by Robin Jennings | Jun 12, 2025 | Real Estate, Recent Case Decisions | 0

Union Pacific Railroad Company v. Superior Court (Abrams)

May a landlord accept rent payments from a holdover tenant after their lease agreement expires without creating a month-to-month tenancy?

by Robin Jennings | Jun 11, 2025 | Real Estate, Recent Case Decisions | 0

Baca v. Kuang

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?

by Robin Jennings | Jun 3, 2025 | Recent Case Decisions | 0

Reese v. Select Portfolio Servicing, Inc.

Is a landlord liable for injuries to a motorist on an adjacent roadway caused by a tenant’s livestock known to the landlord to be fenced in on the property?

by Robin Jennings | May 27, 2025 | Laws and Regulations, Property Management, Real Estate, Recent Case Decisions | 0

Estate of St. John v. Schaeffler

May a shopping mall landlord avoid a lease agreement provision reducing a tenant’s rent when the level of occupancy drops in the property?

by Lily Hart | May 20, 2025 | Real Estate, Recent Case Decisions | 0

The California Supreme Court holds rent provisions based on occupancy levels are enforceable.

May a property owner with access via an appurtenant easement located near a river be required to stabilize the riverbank?

by Robin Jennings | May 12, 2025 | Real Estate, Recent Case Decisions | 0

Schneider v. Lane

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?

by Lily Hart | Apr 22, 2025 | Laws and Regulations, Recent Case Decisions | 0

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.

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?

by Lily Hart | Apr 11, 2025 | Laws and Regulations, Recent Case Decisions | 0

A California appeals court holds a cause of action against a broker for breach of fiduciary duty is transferable.

May an owner separately convey parcels described on a map existing before the Subdivision Map Act when the parcels were never separately conveyed?

by Robin Jennings | Mar 26, 2025 | Real Estate, Recent Case Decisions | 0

Cox v. City of Oakland

Does a property manager owe a duty of care to resolve disputes between neighbors?

by Lily Hart | Mar 11, 2025 | Laws and Regulations, Recent Case Decisions | 0

A California appeals court holds a property manager’s duty of care does not encompass resolving disputes between neighbors.

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?

by Robin Jennings | Mar 7, 2025 | Real Estate, Recent Case Decisions | 0

John’s Grill v. Hartford Financial Services Group, Inc.

May a property owner use their easement on a neighbor’s property to transport their cannabis crop without the consent of their neighbor?

by Lily Hart | Feb 28, 2025 | Features, Laws and Regulations, Recent Case Decisions | 0

A California appeal court holds an easement for an illegal purpose is invalid.

Category: Recent Case Decisions

May an owner of residential rental property use a rent control exception for new housing when the property was previously used as military housing and the owner is the first to receive a certificate of occupancy for the property?

Is a seller under a purchase agreement provision for attorney fees who initially refuses to mediate but later offers mediation before the buyer files litigation entitled to attorney fees when they prevail?

May a County Assessor ignore a written agreement between a senior homeowner and the Board of Supervisors to retroactively transfer the base year property value from a primary residence in different county?

Must a mortgage holder prove their ownership of the mortgage debt to the owner of the encumbered property by producing the original promissory note and chain of mortgage assignments before a trustee’s foreclosure sale can take place?

May structures built without permits along a long-standing fence considered the border line remain as a prescriptive easement?

Does a signed waiver release the city from their duty to repair a dangerous road condition that injures a cyclist?

May a homeowner in a Chapter 13 bankruptcy plan cram down the principal balance on a short-term second mortgage encumbering their primary residence and include rent from a rent-a-room tenant as income to support the new mortgage payments?

Is percolating groundwater which seeps into an aquifer conveyed with the land when a mortgage holder forecloses on a parcel of real estate?

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?

May a landlord accept rent payments from a holdover tenant after their lease agreement expires without creating a month-to-month tenancy?

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?

Is a landlord liable for injuries to a motorist on an adjacent roadway caused by a tenant’s livestock known to the landlord to be fenced in on the property?

May a shopping mall landlord avoid a lease agreement provision reducing a tenant’s rent when the level of occupancy drops in the property?

May a property owner with access via an appurtenant easement located near a river be required to stabilize the riverbank?

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?

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?

May an owner separately convey parcels described on a map existing before the Subdivision Map Act when the parcels were never separately conveyed?

Does a property manager owe a duty of care to resolve disputes between neighbors?

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?

May a property owner use their easement on a neighbor’s property to transport their cannabis crop without the consent of their neighbor?

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