Category: Recent Case Decisions

May a lis pendens recorded on a property purchased with trust assets be expunged when the appointment of the successor trustee and sole beneficiary is disputed?

by Lily Hart | Apr 22, 2025 | Laws and Regulations, Recent Case Decisions | 0

A California appeals court holds there is a real property claim when a property’s title is vested in the name of a disputed successor trustee.

Is a seller’s assignment of their claim against a broker for breach of fiduciary duty enforceable by the assignee when the broker fails to disclose the dual agency of their agents?

by Lily Hart | Apr 11, 2025 | Laws and Regulations, Recent Case Decisions | 0

A California appeals court holds a cause of action against a broker for breach of fiduciary duty is transferable.

May an owner separately convey parcels described on a map existing before the Subdivision Map Act when the parcels were never separately conveyed?

by Robin Jennings | Mar 26, 2025 | Real Estate, Recent Case Decisions | 0

Cox v. City of Oakland

Does a property manager owe a duty of care to resolve disputes between neighbors?

by Lily Hart | Mar 11, 2025 | Laws and Regulations, Recent Case Decisions | 0

A California appeals court holds a property manager’s duty of care does not encompass resolving disputes between neighbors.

Is an insurer liable when an owner is covered for loss of business income due to a virus and operations are suspended during the COVID-19 lockdown?

by Robin Jennings | Mar 7, 2025 | Real Estate, Recent Case Decisions | 0

John’s Grill v. Hartford Financial Services Group, Inc.

May a property owner use their easement on a neighbor’s property to transport their cannabis crop without the consent of their neighbor?

by Lily Hart | Feb 28, 2025 | Features, Laws and Regulations, Recent Case Decisions | 0

A California appeal court holds an easement for an illegal purpose is invalid.

Will the transfer of real estate from a corporation to a trust vesting trigger reassessment of the property when all the stockholders do not receive equal proportional beneficial interests in the trust vesting?

by Robin Jennings | Feb 26, 2025 | Recent Case Decisions | 0

Facts: A corporation transfers ownership of real estate to a trustee of a trust. The beneficiaries...

May a local agency require payment of an impact fee to obtain a building permit when the fee amount is unrelated to the individual impact of the construction?

by Lily Hart | Feb 25, 2025 | Laws and Regulations, Real Estate, Recent Case Decisions | 0

The U.S. Supreme Court holds impact fees which are a condition to receive building permits need a reasonable relationship between the fee amount and the individual impact.

May a landlord maintain an unlawful detainer (UD) action against a tenant when the landlord provides an ambiguous three-day notice to pay rent?

by Lily Hart | Feb 25, 2025 | Laws and Regulations, Real Estate, Recent Case Decisions | 0

A California appeals court holds an unlawful detainer (UD) action needs an unambiguous three-day notice to pay to recover possession from a tenant.

May an owner of developable property encumbered by an undisclosed easement recover under a policy of title insurance the diminution in value based on the property’s highest and best use?

by Lily Hart | Feb 21, 2025 | Laws and Regulations, Real Estate, Recent Case Decisions | 0

A California appeals court holds the property’s value under a title insurance policy is based on the highest and best use.

Is an insurer liable for loss of a tenant’s business income when operations are suspended due to the COVID-19 lockdown?

by Robin Jennings | Nov 1, 2024 | Laws and Regulations, Real Estate, Recent Case Decisions | 0

California Supreme Court holds the insurer is not liable for lockdown income loss.

May a tenant subject to a lease with a remaining term less than 35 years avoid reassessment when the property is sold?

by Amy Platero | Oct 21, 2024 | Real Estate, Recent Case Decisions | 0

Equinix LLC v. County of Los Angeles Facts: A buyer acquires commercial real estate subject to a...

May an HOA trim trees on a parcel within the HOA when its CC&Rs do not include a tree-cutting provision while other parcels do have a provision?

by Robin Jennings | Sep 6, 2024 | Real Estate, Recent Case Decisions | 0

In re: Colyear v. Rolling Hills Facts: A homeowners’ association (HOA) wants to trim trees on a...

May a buyer record a second lis pendens on a property after the original lis pendens has been expunged?

by Amy Platero | Jul 17, 2024 | Real Estate, Recent Case Decisions | 0

De Martini v. Superior Court Facts: A buyer and seller enter into a purchase agreement for...

Is a residential landlord liable for injuries caused by a tenant’s dogs when the landlord is unaware the dogs are potentially violent?

by Robin Jennings | Jul 16, 2024 | Property Management, Recent Case Decisions | 0

In re: Fraser v. Farvid Facts: A landlord rents a single family residence (SFR) to a tenant. The...

May a co-owner of a home in bankruptcy claim a homestead exemption when they are not occupying the property?

by Amy Platero | Jul 2, 2024 | Laws and Regulations, Recent Case Decisions | 0

In re: McKee Facts: A couple purchases a home and vest title as co-owners. They later separate....

Is a tenant in a subsidized low-income housing development entitled to money losses when a landlord serves an improper notice to terminate the tenancy?

by Amy Platero | Jun 20, 2024 | Laws and Regulations, Property Management, Recent Case Decisions | 0

Campbell v. FPI Management, Inc. Facts: A residential landlord rents a unit in a federally...

May a seller of land who reserves a one-half interest in mined minerals excavated under the surface demand income from material that is not specifically defined as a mineral in the grant deed containing the reservation?

by Amy Platero | Jun 18, 2024 | Laws and Regulations, Recent Case Decisions | 0

Vulcan Lands Inc. v. Older Currier Facts: A seller of land previously excavated for...

Does a homeowner receive a refund for taxes paid when their property value is too high due to an incorrect assessment?

by Amy Platero | Apr 22, 2024 | Appraisal, Laws and Regulations, Real Estate, Recent Case Decisions, Tax | 0

Greenspan v. County of Los Angeles Facts: A property owner demolishes the improvements on the...

May a property owner maintain an unlawful detainer (UD) action against an occupant under a license agreement which waives all landlord-tenant eviction rights on a default?

by David Swistock | Jan 15, 2024 | Laws and Regulations, Real Estate, Recent Case Decisions | 0

Castaic Studios LLC v. Wonderland Studios LLC