Recent Case Decisions | firsttuesday Journal

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.

Is a landlord liable for injury to an employee of a tenant when the landlord had no knowledge hazardous materials were stored on the leased premises?

by Gregory Bretado | Dec 14, 2020 | Real Estate, Recent Case Decisions | 0

Oh v. Teachers Insurance and Annuity Association of America

Does an owner hold a right of first refusal to recover property an agency takes by condemnation when the property is not used for its intended purpose within 10 years?

by Gregory Bretado | Dec 14, 2020 | Real Estate, Recent Case Decisions | 0

Rutgard v. City of Los Angeles

Does an agricultural users’ water rights constitute an entitlement to a particular amount of water?

by Gregory Bretado | Nov 24, 2020 | Real Estate, Recent Case Decisions | 0

Abatti v. Imperial Irrigation District

Is a buyer responsible for paying off unknown judgment liens against the seller of a property?

by Gregory Bretado | Nov 24, 2020 | Real Estate, Recent Case Decisions | 0

Vasquez v. LBS Financial Credit Union

May a landlord recover a dollar penalty from a tenant which is unrelated to the landlord’s losses?

by Gregory Bretado | Oct 29, 2020 | Laws and Regulations, Property Management, Recent Case Decisions | 0

Graylee v Castro

Is a landlord required to include the Notice of Occupancy Rights under the Violence Against Women Act (VAWA) when serving a notice to pay rent or quit on a Section 8 tenant?

by Emily Kordys | Sep 23, 2020 | Real Estate, Recent Case Decisions | 0

DHI Cherry Glen Associates, L.P. v. Gutierrez

Does a trust deed holder owe a duty to a title insurance company who relies on a forged trustee’s deed?

by Bethany Correia | Aug 24, 2020 | Real Estate, Recent Case Decisions | 0

WFG National Title Insurance Company v. Wells Fargo Bank, N.A.

Category: Recent Case Decisions

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?

Is a landlord liable for injury to an employee of a tenant when the landlord had no knowledge hazardous materials were stored on the leased premises?

Does an owner hold a right of first refusal to recover property an agency takes by condemnation when the property is not used for its intended purpose within 10 years?

Does an agricultural users’ water rights constitute an entitlement to a particular amount of water?

Is a buyer responsible for paying off unknown judgment liens against the seller of a property?

May a landlord recover a dollar penalty from a tenant which is unrelated to the landlord’s losses?

Is a landlord required to include the Notice of Occupancy Rights under the Violence Against Women Act (VAWA) when serving a notice to pay rent or quit on a Section 8 tenant?

Does a trust deed holder owe a duty to a title insurance company who relies on a forged trustee’s deed?

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