Recent Case Decisions | first tuesday Journal

Is a commercial landlord liable for the chemical contamination of groundwater on their property when they lack knowledge of dangerous chemicals used in the course of their tenants’ business?

by Benjamin J. Smith | Feb 19, 2020 | Latest Articles, Recent Case Decisions | 0

United Artists Theatre Circuit, Inc. v. Regional Water Quality Control Board Facts: A commercial...

Is a quitclaim deed signed under false pretenses void?

by Benjamin J. Smith | Feb 3, 2020 | Latest Articles, Recent Case Decisions | 0

People v. Schmidt Facts: The owner of a company claiming to help homeowners avoid foreclosure...

Does a tax deed conveying surface rights to a parcel of real estate also convey rights to the oil and gas beneath the parcel?

by Benjamin J. Smith | Jan 20, 2020 | Latest Articles, Recent Case Decisions | 1

Leiper v. Gallegos Facts: A landowner leases oil and gas rights under their property to an oil...

Does a trust deed’s insufficient legal description of a property render the trust deed void?

by Benjamin J. Smith | Jan 15, 2020 | Latest Articles, Recent Case Decisions | 0

MTC Financial Inc. v. California Department of Tax and Fee Administration Facts: A property owner...

May a mortgage be assigned to a new loan servicer while it is in default?

by Benjamin J. Smith | Dec 31, 2019 | Latest Articles, Recent Case Decisions | 0

Myles v. Pennymac Loan Services, LLC Facts: An owner defaults on a mortgage secured by their...

May a tenant’s Section 8 housing benefits be terminated when the tenant misreports their marital status?

by Benjamin J. Smith | Dec 9, 2019 | Latest Articles, Recent Case Decisions | 0

Crooks v. Housing Authority of the City of Los Angeles Facts: A single tenant receives rental...

Is a commercial landlord liable for a breach of lease when they no longer have any interest in the property?

by Benjamin J. Smith | Nov 11, 2019 | Latest Articles, Recent Case Decisions | 0

Gietzen v. Covenant RE Management, Inc. Facts: A commercial tenant leases space in a multi-unit...

Is a landlord subject to a local rental ordinance acting in good faith when the landlord chooses to evict a tenant to occupy their unit when a functionally vacant unit is available?

by Benjamin J. Smith | Nov 4, 2019 | Latest Articles, Recent Case Decisions | 1

Reynolds v. Lau Facts: A landlord purchases a multi-unit property subject to a local rent control...

May a landlord evict a rent-controlled tenant so a family member can occupy their unit when it is questionable the eviction has been conducted in good faith?

by Benjamin J. Smith | Oct 30, 2019 | Latest Articles, Recent Case Decisions | 0

DeLisi v. Lam Facts: A landlord purchases a multi-unit property subject to a local rent control...

May a homeowner stop foreclosure proceedings resulting from a default caused by the owner’s participation in a forbearance agreement?

by Benjamin J. Smith | Oct 28, 2019 | Latest Articles, Recent Case Decisions | 0

Moore v. Wells Fargo Bank, N.A. Facts: A homeowner who is unable to afford their monthly mortgage...

May an owner rescind a mortgage on a residential property awarded to them in a divorce proceeding when the mortgage was obtained to reacquire title they previously held?

by Benjamin J. Smith | Oct 23, 2019 | Latest Articles, Recent Case Decisions | 0

Barnes v. Chase Home Finance Facts: An owner and their spouse hold title to their residence as...

May the owner of a ranch obtain an equitable easement for use of private streets for access to their ranch when other means of access are unsafe?

by Benjamin J. Smith | Oct 7, 2019 | Latest Articles, Recent Case Decisions | 0

Ranch at the Falls LLC v. O’Neal Facts: The owner of a ranch receives multiple deliveries and...

Is the owner of a condemned commercial property entitled to the compensation the tenant receives for loss of goodwill?

by Benjamin J. Smith | Oct 7, 2019 | Latest Articles, Recent Case Decisions | 2

Thee Aguila, Inc. v. Century Law Group, LLP Facts: A commercial property is condemned under the...

May a landlord evict a tenant under the Ellis Act after unknowingly altering the terms of the lease?

by Benjamin J. Smith | Sep 30, 2019 | Latest Articles, Recent Case Decisions | 0

Hilaly v. Allen Facts: A landlord purchases a residential rental property that is already occupied...

May the owner of a single family residence enlarge the structure of their property when their CC&Rs prohibit obstructing another property’s view?

by Benjamin J. Smith | Sep 17, 2019 | Latest Articles, Recent Case Decisions | 0

Eisen v. Tavangarian Facts: The owner of an oceanside two-story single family residence (SFR)...

May a property owner who transfers a property’s title to a custodian for the benefit of a minor child yet remains in possession sue for trespass?

by Benjamin J. Smith | Sep 16, 2019 | Latest Articles, Recent Case Decisions | 0

Veiseh v. Stapp Facts: A property owner transfers title to a parcel of property to a custodian for...

May a city record a special assessment lien against a foreclosed property for unpaid garbage collection fees?

by Benjamin J. Smith | Sep 3, 2019 | Latest Articles, Recent Case Decisions | 1

Kahan v. City of Richmond Facts: A city government records a special assessment lien against a...

May the holder of two trust deeds on a property nonjudicially foreclose on the senior mortgage and seek a deficiency judgment on the junior?

by Benjamin J. Smith | Aug 26, 2019 | Latest Articles, Recent Case Decisions | 0

Black Sky Capital, LLC v. Cobb Facts: A property owner obtains a mortgage secured by a trust deed...

May a mortgage holder demand an owner pay portions of the mortgage deferred under a mortgage modification when the owner defaults on the modified mortgage?

by Benjamin J. Smith | Aug 19, 2019 | Latest Articles, Recent Case Decisions | 0

Taniguchi v. Restoration Homes, Inc. Facts: A property owner defaults on their mortgage and their...

May a property owner who uses neighboring property with the consent of their neighbor retain use of the area after the neighbor’s property is sold?

by Benjamin J. Smith | Aug 12, 2019 | Latest Articles, Recent Case Decisions | 0

Shoen v. Zacarias Facts: A property owner renovates an area outside their property line. The...

Category: Recent Case Decisions

Is a commercial landlord liable for the chemical contamination of groundwater on their property when they lack knowledge of dangerous chemicals used in the course of their tenants’ business?

Is a quitclaim deed signed under false pretenses void?

Does a tax deed conveying surface rights to a parcel of real estate also convey rights to the oil and gas beneath the parcel?

Does a trust deed’s insufficient legal description of a property render the trust deed void?

May a mortgage be assigned to a new loan servicer while it is in default?

May a tenant’s Section 8 housing benefits be terminated when the tenant misreports their marital status?

Is a commercial landlord liable for a breach of lease when they no longer have any interest in the property?

Is a landlord subject to a local rental ordinance acting in good faith when the landlord chooses to evict a tenant to occupy their unit when a functionally vacant unit is available?

May a landlord evict a rent-controlled tenant so a family member can occupy their unit when it is questionable the eviction has been conducted in good faith?

May a homeowner stop foreclosure proceedings resulting from a default caused by the owner’s participation in a forbearance agreement?

May an owner rescind a mortgage on a residential property awarded to them in a divorce proceeding when the mortgage was obtained to reacquire title they previously held?

May the owner of a ranch obtain an equitable easement for use of private streets for access to their ranch when other means of access are unsafe?

Is the owner of a condemned commercial property entitled to the compensation the tenant receives for loss of goodwill?

May a landlord evict a tenant under the Ellis Act after unknowingly altering the terms of the lease?

May the owner of a single family residence enlarge the structure of their property when their CC&Rs prohibit obstructing another property’s view?

May a property owner who transfers a property’s title to a custodian for the benefit of a minor child yet remains in possession sue for trespass?

May a city record a special assessment lien against a foreclosed property for unpaid garbage collection fees?

May the holder of two trust deeds on a property nonjudicially foreclose on the senior mortgage and seek a deficiency judgment on the junior?

May a mortgage holder demand an owner pay portions of the mortgage deferred under a mortgage modification when the owner defaults on the modified mortgage?

May a property owner who uses neighboring property with the consent of their neighbor retain use of the area after the neighbor’s property is sold?

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