Recent Case Decisions | firsttuesday Journal

May an agency remove an encroachment on a public road to restore parking without first completing an environmental impact report (EIR)?

by David Swistock | Nov 27, 2023 | Laws and Regulations, Real Estate, Recent Case Decisions | 0

Anderson v. County of Santa Barbara

May a landlord maintain an unlawful detainer (UD) action against a tenant who had a prior conflict with the landlord when the landlord intends to remove the property from the rental market?

by David Swistock | Nov 20, 2023 | Bay Area, Laws and Regulations, Property Management, Real Estate, Recent Case Decisions | 0

640 Octavia, LLC. v. Karl Heinz Pieper

Is an LLC which is solely owned by a government agency and takes title to real estate exempt from payment of a documentary transfer tax on acquisition?

by David Swistock | Nov 10, 2023 | Real Estate, Recent Case Decisions, Tax | 0

CSHV 1999 Harrison LLC v. County of Alameda

May an individual in bankruptcy claim an automatic homestead exemption on real estate they occupy as their personal residence when title is vested in an LLC which is co-owned by the individual and their spouse?

by David Swistock | Nov 6, 2023 | Laws and Regulations, Real Estate, Recent Case Decisions | 0

In re: Schaefers

May a buyer who acquires property subject to an existing mortgage which is in default reinstate the mortgage to cure the default when the lender has not called the mortgage due, refuses to accept reinstatement and starts foreclosure?

by David Swistock | Nov 6, 2023 | Laws and Regulations, Loan Products, Mortgages, Real Estate, Recent Case Decisions | 0

Shetty v. HSBC Bank USA, N.A.

NAR® to pay out $1.8 billion in broker conspiracy lawsuit

by Carrie B. Reyes | Nov 2, 2023 | Feature Articles, Real Estate, Recent Case Decisions, Your Practice | 1

The National Association of Realtors® (NAR®) is in hot-money water again, this time for a full-blown conspiracy to inflate broker fees.

Does a property owner hold an easement for a long-standing roadway over an adjoining property when both properties were commonly owned before they were acquired by the current owners?

by David Swistock | Oct 24, 2023 | Laws and Regulations, Real Estate, Recent Case Decisions | 0

Kimball-Griffith, L.P. v. Burman

Is a tenant in a multi-unit residential property liable for injuries incurred by an invited guest in a common area?

by David Swistock | Oct 16, 2023 | Property Management, Real Estate, Recent Case Decisions | 0

Moses v. Roger-McKeever

Is a private mortgage lender entitled to receive usurious interest on a non-brokered extension to a mortgage initially arranged by a broker?

by David Swistock | Oct 4, 2023 | Interest Rates, Laws and Regulations, Loan Products, Mortgages, Real Estate, Recent Case Decisions | 0

In re Moon

Is a month-to-month commercial tenant operating an agricultural business protected against an unlawful detainer (UD) action based on a notice to quit when rent is not delinquent?

by David Swistock | Sep 26, 2023 | Commercial, Real Estate, Recent Case Decisions | 0

65283 Two Bunch Palms Building LLC v. Coastal Harvest II, LLC

May a debtor in bankruptcy claim a wildcard exemption for their vested interest in a property after the debtor initially denied holding any interest in the property?

by David Swistock | Sep 14, 2023 | Laws and Regulations, Mortgages, Real Estate, Recent Case Decisions | 0

In re Guevarra

Is an owner of commercial property entitled to insurance coverage for loss of the functional use of their property caused by a pandemic-related government closure order when the insurance policy excludes coverage for loss caused by a virus?

by David Swistock | Sep 11, 2023 | Laws and Regulations, Real Estate, Recent Case Decisions | 0

Starlight Cinemas, Inc. v. Mass. Bay Ins. Co.

Is the owner of a property used for sporting events entitled to an exclusion from assessed value an allocation for future functional obsolescence?

by David Swistock | Aug 29, 2023 | Appraisal, Bay Area, Laws and Regulations, Real Estate, Recent Case Decisions | 0

Joaquín Torres v. San Francisco Assessment Appeals Board No. 1

Is a developer entitled to exclude from assessed value of a property the income received from subsidies and a property operator’s agreement?

by David Swistock | Aug 28, 2023 | Appraisal, Laws and Regulations, Property Management, Real Estate, Recent Case Decisions | 0

Olympic and Georgia Partners, LLC v. County of Los Angeles

May a landlord maintain an unlawful detainer (UD) action against a month-to-month tenant who remains in possession following expiration of a notice of intent to vacate when the unit is subject to a rent control ordinance?

by David Swistock | Aug 14, 2023 | Laws and Regulations, Los Angeles-Santa Barbara-Ventura, Property Management, Real Estate, Recent Case Decisions | 0

Roxbury Lane LP, v. Benjamin Harris

Does an owner’s renovation and conversion of residential improvements into multiple units qualify for an exemption to a rent control ordinance as a new construction project?

by David Swistock | Aug 14, 2023 | Bay Area, Laws and Regulations, Real Estate, Recent Case Decisions | 0

NCR Properties LP, v. City of Berkeley

May a mortgage lender foreclose on the secured property to collect on a debt discharged by a bankruptcy court?

by David Swistock | Aug 4, 2023 | Laws and Regulations, Loan Products, Mortgages, Real Estate, Recent Case Decisions | 0

In re: Gerald N. Reed

May a landlord maintain an unlawful detainer (UD) action against a tenant who temporarily leaves the property while an unnamed occupant continues in possession?

by David Swistock | Aug 2, 2023 | Laws and Regulations, Property Management, Real Estate, Recent Case Decisions | 0

Sleep E-Z LLC., v. Lopez

May a debtor claim an automatic homestead exemption when they move back into a personal residence after filing a bankruptcy petition?

by David Swistock | Jul 28, 2023 | Finance, Laws and Regulations, Real Estate, Recent Case Decisions | 1

In re: Jaswinder Singh Bhangoo

Is a commercial tenant excused from rent obligations during a pandemic which frustrates their purpose for occupying a premises when a lease agreement contains a force majeure provision?

by David Swistock | Jul 24, 2023 | Laws and Regulations, Real Estate, Recent Case Decisions | 0

SVAP III Poway Crossings, LLC. v. Fitness International LLC.

Category: Recent Case Decisions

May an agency remove an encroachment on a public road to restore parking without first completing an environmental impact report (EIR)?

May a landlord maintain an unlawful detainer (UD) action against a tenant who had a prior conflict with the landlord when the landlord intends to remove the property from the rental market?

Is an LLC which is solely owned by a government agency and takes title to real estate exempt from payment of a documentary transfer tax on acquisition?

May an individual in bankruptcy claim an automatic homestead exemption on real estate they occupy as their personal residence when title is vested in an LLC which is co-owned by the individual and their spouse?

May a buyer who acquires property subject to an existing mortgage which is in default reinstate the mortgage to cure the default when the lender has not called the mortgage due, refuses to accept reinstatement and starts foreclosure?

NAR® to pay out $1.8 billion in broker conspiracy lawsuit

Does a property owner hold an easement for a long-standing roadway over an adjoining property when both properties were commonly owned before they were acquired by the current owners?

Is a tenant in a multi-unit residential property liable for injuries incurred by an invited guest in a common area?

Is a private mortgage lender entitled to receive usurious interest on a non-brokered extension to a mortgage initially arranged by a broker?

Is a month-to-month commercial tenant operating an agricultural business protected against an unlawful detainer (UD) action based on a notice to quit when rent is not delinquent?

May a debtor in bankruptcy claim a wildcard exemption for their vested interest in a property after the debtor initially denied holding any interest in the property?

Is an owner of commercial property entitled to insurance coverage for loss of the functional use of their property caused by a pandemic-related government closure order when the insurance policy excludes coverage for loss caused by a virus?

Is the owner of a property used for sporting events entitled to an exclusion from assessed value an allocation for future functional obsolescence?

Is a developer entitled to exclude from assessed value of a property the income received from subsidies and a property operator’s agreement?

May a landlord maintain an unlawful detainer (UD) action against a month-to-month tenant who remains in possession following expiration of a notice of intent to vacate when the unit is subject to a rent control ordinance?

Does an owner’s renovation and conversion of residential improvements into multiple units qualify for an exemption to a rent control ordinance as a new construction project?

May a mortgage lender foreclose on the secured property to collect on a debt discharged by a bankruptcy court?

May a landlord maintain an unlawful detainer (UD) action against a tenant who temporarily leaves the property while an unnamed occupant continues in possession?

May a debtor claim an automatic homestead exemption when they move back into a personal residence after filing a bankruptcy petition?

Is a commercial tenant excused from rent obligations during a pandemic which frustrates their purpose for occupying a premises when a lease agreement contains a force majeure provision?

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