Recent Case Decisions | firsttuesday Journal

Is a mortgage holder obligated to pay interest on hazard insurance proceeds deposited with the mortgage holder for rebuilding a structure?

by Casandra Lopez | May 13, 2021 | Recent Case Decisions | 0

Gray v. Quicken Loans, Inc.

May a transfer tax ordinance distinguish higher-value properties when setting transfer tax rates?

by Casandra Lopez | May 11, 2021 | Recent Case Decisions | 0

Ashford Hospitality v. City and County of San Francisco

May owners of a rental property evict a tenant when title to the property is vested in an intervivos trust with the owners as trustees?

by Gregory Bretado | May 10, 2021 | Real Estate, Recent Case Decisions | 0

Boshernitsan v. Bach

May a city impose a special tax on a property owned by a religious institution?

by Casandra Lopez | Apr 30, 2021 | Recent Case Decisions | 0

Valley Baptist Church v. City of San Rafael

Is a landlord required to extend the lease term for a tenant with a medical disability?

by Casandra Lopez | Apr 12, 2021 | Recent Case Decisions | 0

Howard v. HMK Holdings, LLC

May a property owner and their tenants who used a portion of the adjacent neighbor’s property continuously for more than five years continue that use when the neighbor seeks to end it?

by Casandra Lopez | Apr 9, 2021 | Real Estate, Recent Case Decisions | 0

Husain v. California Pacific Bank

Is an unlawful detainer (UD) action valid when filed by a new owner of rental property based on a three-day notice to perform or quit served on a tenant by the prior owner?

by Gregory Bretado | Mar 29, 2021 | Real Estate, Recent Case Decisions | 0

Lee v. Kotyluk

Does the acquisition date determine whether properties held in joint tenancy by a married couple constitute community property?

by Gregory Bretado | Mar 1, 2021 | Real Estate, Recent Case Decisions | 0

In re Brace

Is a transfer of inherited property between siblings exempt from reassessment?

by Amy Perry | Feb 26, 2021 | Real Estate, Recent Case Decisions, Tax | 0

Bohnett v. County of Santa Barbara

Can a deed one spouse offers to the other spouse to convey community property to the other spouse as sole owner who rejects it but later records the deed, be effective as a transmutation of ownership?

by Amy Perry | Feb 24, 2021 | Real Estate, Recent Case Decisions | 0

In re Marriage of Wozniak

Does continuing possession of a property by a title holder under a voidable deed preclude use of the statute of limitations to bar an action to void the deed?

by Gregory Bretado | Feb 19, 2021 | Real Estate, Recent Case Decisions | 0

Reuter v. Macal

Is a trust deed on community property enforceable when signed by only one spouse?

by Amy Perry | Feb 16, 2021 | Real Estate, Recent Case Decisions | 0

Trenk v. Soheili

Is a contractor digging a trench liable for killing a boundary-line tree and timber trespass when a city code forbids digging in a tree’s critical root zone?

by Amy Perry | Feb 4, 2021 | Laws and Regulations, Real Estate, Recent Case Decisions | 0

Russell v. Man

Is a commercial landlord liable for injuries sustained from ordinary negligence when the lease agreement contains an exculpatory clause?

by Amy Perry | Feb 4, 2021 | Commercial, Property Management, Real Estate, Recent Case Decisions | 1

Garcia v. D/AQ Corporation

Does a super-priority lien take priority over all prior recorded liens on a property?

by Amy Perry | Jan 29, 2021 | Finance, Real Estate, Recent Case Decisions | 0

County of Sonoma v. U.S. Bank

May a school district impose school impact fees on a development for university students without children?

by Amy Perry | Jan 27, 2021 | Finance, Laws and Regulations, Property Management, Real Estate, Recent Case Decisions | 0

AMCAL Chico LLC v. Chico Unified School District

Is the public entitled to an easement to use trails on a property whose owner continuously attempts to deter trespassers?

by Amy Perry | Jan 27, 2021 | Laws and Regulations, Property Management, Real Estate, Recent Case Decisions | 0

Tiburon/Belvedere Residents United to Support the Trails v. Martha Company

Does a national bank on acquiring a mortgage originated by a federal savings association need to pay interest on an impound account?

by Amy Perry | Jan 26, 2021 | Finance, Interest Rates, Laws and Regulations, Real Estate, Recent Case Decisions | 0

McShannock v. JP Morgan Chase Bank

May the omission of a second trust deed in a judicial foreclosure action by the first trust deed holder be corrected beyond six years after the first trust deed note became due and payable?

by Amy Perry | Jan 25, 2021 | Property Management, Real Estate, Recent Case Decisions | 0

Robin v. Crowell

May a landlord withhold their cost of repairs from a security deposit when the tenant vacates and the occupancy agreement does not authorize use of the security deposit to cover repairs?

by Amy Perry | Jan 18, 2021 | Property Management, Real Estate, Recent Case Decisions | 0

Aljabban v. Fontana Indoor Swap Meet, Inc.

Category: Recent Case Decisions

Is a mortgage holder obligated to pay interest on hazard insurance proceeds deposited with the mortgage holder for rebuilding a structure?

May a transfer tax ordinance distinguish higher-value properties when setting transfer tax rates?

May owners of a rental property evict a tenant when title to the property is vested in an intervivos trust with the owners as trustees?

May a city impose a special tax on a property owned by a religious institution?

Is a landlord required to extend the lease term for a tenant with a medical disability?

May a property owner and their tenants who used a portion of the adjacent neighbor’s property continuously for more than five years continue that use when the neighbor seeks to end it?

Is an unlawful detainer (UD) action valid when filed by a new owner of rental property based on a three-day notice to perform or quit served on a tenant by the prior owner?

Does the acquisition date determine whether properties held in joint tenancy by a married couple constitute community property?

Is a transfer of inherited property between siblings exempt from reassessment?

Can a deed one spouse offers to the other spouse to convey community property to the other spouse as sole owner who rejects it but later records the deed, be effective as a transmutation of ownership?

Does continuing possession of a property by a title holder under a voidable deed preclude use of the statute of limitations to bar an action to void the deed?

Is a trust deed on community property enforceable when signed by only one spouse?

Is a contractor digging a trench liable for killing a boundary-line tree and timber trespass when a city code forbids digging in a tree’s critical root zone?

Is a commercial landlord liable for injuries sustained from ordinary negligence when the lease agreement contains an exculpatory clause?

Does a super-priority lien take priority over all prior recorded liens on a property?

May a school district impose school impact fees on a development for university students without children?

Is the public entitled to an easement to use trails on a property whose owner continuously attempts to deter trespassers?

Does a national bank on acquiring a mortgage originated by a federal savings association need to pay interest on an impound account?

May the omission of a second trust deed in a judicial foreclosure action by the first trust deed holder be corrected beyond six years after the first trust deed note became due and payable?

May a landlord withhold their cost of repairs from a security deposit when the tenant vacates and the occupancy agreement does not authorize use of the security deposit to cover repairs?

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