Recent Case Decisions | firsttuesday Journal

May a tenant pay a rental amount less than the agreed minimum rent when events occur which trigger reduced monthly payments under another lease agreement provision?

by Adam Kolvas | Sep 23, 2022 | Commercial, Property Management, Recent Case Decisions | 0

JJD-HOV Elk Grove v. Jo-Ann Stores, LLC

Is a city liable for losses a pedestrian incurs due to a fall caused by a lifted slab of public sidewalk?

by Ashley Collins | Sep 21, 2022 | Real Estate, Recent Case Decisions | 0

Nunez v. City of Redondo Beach

Is a non-exempt private mortgage lender entitled to collect interest on unpaid principal accruing from the principal balance due date when the agreed rate of interest earnings on the loan is usurious?

by Adam Kolvas | Sep 19, 2022 | Finance, Mortgages, Recent Case Decisions | 0

Soleimany v. Narimanzadeh

Is the buyer of a property subject to an encroachment able to remove the encroachment?

by Ashley Collins | Sep 15, 2022 | Features, Recent Case Decisions | 0

Romero v. Shih

Does a mortgage holder violate the Homeowner Bill of Rights (HBOR) when using multiple representatives to handle a loan modification request?

by Amy Perry | Aug 3, 2022 | Mortgages, Real Estate, Recent Case Decisions | 0

Morris v. JPMorgan Chase Bank, N.A.

May a city by ordinance prohibit short-term rentals in the coastal zone without coastal commission approval?

by Kinnedy Kriso | Jun 30, 2022 | Recent Case Decisions | 0

Keen v. City of Manhattan Beach

May a city charge a transfer tax higher than the amount set in the state revenue and taxation code?

by Kinnedy Kriso | Jun 16, 2022 | Recent Case Decisions | 0

CIM Urban REIT 211 Main Street (SF) LP v. City and County of San Francisco

Does a second trust deed mortgage holder owe a duty to reply to a voluntary mortgage modification application from an owner in default under the trust deed at any time before completing foreclosure?

by Kinnedy Kriso | Jun 14, 2022 | Recent Case Decisions | 0

Sheen v. Wells Fargo Bank, N.A.

Does a no-fault eviction ordinance requiring a landlord to pay relocation fees on their eviction of a month-to-month tenant constitute an unlawful taking by the city?

by Kinnedy Kriso | Jun 2, 2022 | Recent Case Decisions | 0

Ballinger v. City of Oakland

Is a city’s project to revitalize a local neighborhood which may result in future gentrification prohibited under the Federal Fair Housing Act (FFHA)?

by Kinnedy Kriso | May 31, 2022 | Fair Housing, Recent Case Decisions | 0

Crenshaw Subway Coalition v. City of Los Angeles (HAAS BHCP Property Owner, LLC)

May a city enforce a local ordinance preventing residential landlords from demanding an above-market rent increase to gain possession when they are exempt from rent control?

by Kinnedy Kriso | May 16, 2022 | Recent Case Decisions | 0

San Francisco Apartment Association v. City and County of San Francisco

Is an owner who fails to timely assert their ownership of land laying beyond a fence barred from claiming trespass?

by Kinnedy Kriso | May 11, 2022 | Property Management, Recent Case Decisions | 0

Johnson v. Little Rock Ranch, LLC

Is a property owner who leases a property to a tenant who holds a right of first refusal required to notify the tenant and allow them to purchase the property on terms agreed to with a buyer?

by Kinnedy Kriso | May 4, 2022 | Forms, Real Estate, Recent Case Decisions | 0

J&A Mash & Barrel, LLC v. Superior Court (Tower Theater Properties)

Is a notary public liable for an escrow company’s money losses when notarizing a trust deed premised on fraudulent identification the notary had no reason to believe was false?

by Kinnedy Kriso | May 2, 2022 | Real Estate, Recent Case Decisions | 0

North American Title Company, Inc. v. Gugasyan

May the owner of an apartment file an inverse condemnation claim for a taking by a contractor due to a ruptured water line on the property?

by Kinnedy Kriso | Apr 19, 2022 | Real Estate, Recent Case Decisions | 0

Foley Investments, L.P. v. Alisal Water Corporation

Does the period for filing an action to clear title begin to run when a parcel is physically altered by the construction of a building by someone other than the person claiming to be the owner?

by Kinnedy Kriso | Apr 18, 2022 | Real Estate, Recent Case Decisions | 0

Kumar v. Ramsey

Does a local ordinance for commercial property zoning which prohibits short-term occupancies apply to residential properties when rented for a short term?

by Kinnedy Kriso | Apr 11, 2022 | Property Management, Real Estate, Recent Case Decisions | 0

Protect Our Neighborhoods v. City of Palm Springs

Is it discriminatory for a water district to impose higher security deposits for public housing tenants?

by Ariel Calvillo | Mar 21, 2022 | Real Estate, Recent Case Decisions | 0

Southwest Fair Housing Council, Inc. v. Maricopa Domestic Water Improvement District

May a local agency limit compensation for taking undeveloped land to its present use value, not its highest and best use value?

by Ariel Calvillo | Mar 14, 2022 | Real Estate, Recent Case Decisions | 0

City of Escondido v. Pacific Harmony Grove Development, LLC

Does local zoning allow for the short-term rental of units in an apartment complex?

by Ariel Calvillo | Mar 14, 2022 | Los Angeles-Santa Barbara-Ventura, Real Estate, Recent Case Decisions | 0

People v. Venice Suites, LLC

Category: Recent Case Decisions

May a tenant pay a rental amount less than the agreed minimum rent when events occur which trigger reduced monthly payments under another lease agreement provision?

Is a city liable for losses a pedestrian incurs due to a fall caused by a lifted slab of public sidewalk?

Is a non-exempt private mortgage lender entitled to collect interest on unpaid principal accruing from the principal balance due date when the agreed rate of interest earnings on the loan is usurious?

Is the buyer of a property subject to an encroachment able to remove the encroachment?

Does a mortgage holder violate the Homeowner Bill of Rights (HBOR) when using multiple representatives to handle a loan modification request?

May a city by ordinance prohibit short-term rentals in the coastal zone without coastal commission approval?

May a city charge a transfer tax higher than the amount set in the state revenue and taxation code?

Does a second trust deed mortgage holder owe a duty to reply to a voluntary mortgage modification application from an owner in default under the trust deed at any time before completing foreclosure?

Does a no-fault eviction ordinance requiring a landlord to pay relocation fees on their eviction of a month-to-month tenant constitute an unlawful taking by the city?

Is a city’s project to revitalize a local neighborhood which may result in future gentrification prohibited under the Federal Fair Housing Act (FFHA)?

May a city enforce a local ordinance preventing residential landlords from demanding an above-market rent increase to gain possession when they are exempt from rent control?

Is an owner who fails to timely assert their ownership of land laying beyond a fence barred from claiming trespass?

Is a property owner who leases a property to a tenant who holds a right of first refusal required to notify the tenant and allow them to purchase the property on terms agreed to with a buyer?

Is a notary public liable for an escrow company’s money losses when notarizing a trust deed premised on fraudulent identification the notary had no reason to believe was false?

May the owner of an apartment file an inverse condemnation claim for a taking by a contractor due to a ruptured water line on the property?

Does the period for filing an action to clear title begin to run when a parcel is physically altered by the construction of a building by someone other than the person claiming to be the owner?

Does a local ordinance for commercial property zoning which prohibits short-term occupancies apply to residential properties when rented for a short term?

Is it discriminatory for a water district to impose higher security deposits for public housing tenants?

May a local agency limit compensation for taking undeveloped land to its present use value, not its highest and best use value?

Does local zoning allow for the short-term rental of units in an apartment complex?

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