Category: Recent Case Decisions

May a mortgage lender compel a homeowner into arbitration when an arbitration agreement was only signed by the homeowner and a law clinic accused of conspiring with the lender to defraud the homeowner?

by Lily Hart | Aug 27, 2026 | Features, Real Estate, Recent Case Decisions | 0

Watson v. Professional Business Management Corporation

Does a homeowner filing for bankruptcy within the 45-day extension of their home’s foreclosure sale due to a non-occupying successful bidder still own an interest in the home?

by Lily Hart | Aug 10, 2026 | Features, Real Estate, Recent Case Decisions | 1

In re Tinsley U.S. Bankruptcy Appellate Panel of the Ninth Circuit

May a homeowner block access to an easement when the neighboring business fails to landscape and allows the easement path to become unused and overgrown?

by Lily Hart | Jul 23, 2026 | Features, Real Estate, Recent Case Decisions | 1

Montecito Country Club v. Root

Does a property owner accepting a partial deposit without signing a lease agreement convey the right of possession to a prospective tenant?

by Lily Hart | Jul 20, 2026 | Features, Real Estate, Recent Case Decisions | 0

Wexler v. Wood, County of San Diego, et al.

May the county water district limit a landowner’s groundwater use based on historic use?

by Lily Hart | Jun 29, 2026 | Features, Real Estate, Recent Case Decisions | 0

Las Posas Valley Water Rights Coalition v. Ventura County Waterworks District No. 1

May a creditor enforce a lien against a property for the owner’s debts when the property is vested in a trust arrangement?

by Lily Hart | Jun 12, 2026 | Features, Real Estate, Recent Case Decisions | 0

United States of America v. Robert P. Huckaby et al.

Is an appraiser’s CMA using recent but more distant sales of similar property more accurate than a CMA using closer but older sales?

by Lily Hart | Apr 24, 2026 | Features, Real Estate, Recent Case Decisions | 0

In re Anne M. Cummings, Debtor

May a landlord recover possession of their leased premises from a tenant when the landlord provides a deficient three-day notice to pay rent or quit?

by Amy Platero | Apr 16, 2026 | Fundamentals, Laws and Regulations, Property Management, Real Estate, Recent Case Decisions | 0

Eshagian v. Cepeda

Is a property manager responsible for the negligence of an independent contractor when the property manager retained control of the worksite where an explosion occurred?

by Lily Hart | Apr 7, 2026 | Features, Real Estate, Recent Case Decisions | 0

Ruckman v. Ag-Wise Enterprises, Inc

Does an insurer owe an HOA a defense to a lawsuit seeking enforcement of CC&Rs when initial complaints to an HOA of violations occurred before the insurer’s policy was issued but before a demand with a deadline for specific enforcement?

by Lily Hart | Feb 6, 2026 | Features, Real Estate, Recent Case Decisions | 0

Del Mar Woods v. Philadelphia Indemnity Insurance Company

May a property owner holding a title insurance policy transfer title to the insured property to themselves as trustee for their intervivos trust using a quitclaim deed and retain the coverage?

by Lily Hart | Jan 21, 2026 | Features, Real Estate, Recent Case Decisions | 1

Santos et al. v. Fidelity National Title Insurance Co.

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)