Recent Case Decisions | first tuesday Journal

When owners of a religious institution acquire property zoned for religious assemblies which is later rezoned to exclude non-profit use, may they later construct a special occasions venue which does not charge fees for use?

by ft Editorial Staff | Jul 15, 2020 | Latest Articles, Recent Case Decisions | 0

Calvary Chapel Bible Fellowship v. County of Riverside Facts: Owners of a religious organization...

Does a landlord have the right to evict a tenant when they failed to show they did not unreasonably withhold approval of an additional occupant as required under local rent ordinances?

by Emily Kordys | Jul 15, 2020 | Landlords and Tenants, Latest Articles, Recent Case Decisions | 0

California Valley Properties LLC v. Berlfein

Does a fence that is not costly to move constitute a permanent encroachment?

by Bethany Correia | Jul 14, 2020 | Latest Articles, Recent Case Decisions | 0

Madani v. Rabinowitz

May a lender refuse to accept a homeowner’s post-petition mortgage reinstatement and foreclose?

by Danielle Keating | Jul 8, 2020 | Finance and Mortgages, Latest Articles, Recent Case Decisions | 1

Earline Williams v. 21st Mortgage Corporation

Does an irrevocable license survive the transfer of property without notice to the successor owner?

by Bethany Correia | Jul 1, 2020 | Latest Articles, Recent Case Decisions | 0

Gamerberg vs. 3000 E. 111th St LLC

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)...

Category: Recent Case Decisions

When owners of a religious institution acquire property zoned for religious assemblies which is later rezoned to exclude non-profit use, may they later construct a special occasions venue which does not charge fees for use?

Does a landlord have the right to evict a tenant when they failed to show they did not unreasonably withhold approval of an additional occupant as required under local rent ordinances?

Does a fence that is not costly to move constitute a permanent encroachment?

May a lender refuse to accept a homeowner’s post-petition mortgage reinstatement and foreclose?

Does an irrevocable license survive the transfer of property without notice to the successor owner?

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?

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