Recent Case Decisions | first tuesday Journal

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...

May a landlord evict a tenant from a property in an area protected by a rent control ordinance when the property was converted from a single family residence exempted from the ordinance?

by Benjamin J. Smith | Aug 6, 2019 | Latest Articles, Recent Case Decisions | 1

Chun v. Del Cid Facts: A property once used as a single family residence is now occupied by...

May an owner of a home constructed while title was held by an LLC receive tax benefits under Prop 13?

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

Wright v. County of San Mateo Facts: The owner of an unimproved lot applies for a mortgage to fund...

May a tenant be evicted when they pay the landlord a monthly payment one cent less than the agreed-upon amount?

by Benjamin J. Smith | Jul 22, 2019 | Latest Articles, Recent Case Decisions | 0

Bawa v. Terhune Facts: A landlord receives a check from their tenant in an amount one cent less...

May a commercial property owner whose property is seized through eminent domain recover money losses for lost goodwill when they refuse to relocate?

by Oscar Alvarez | May 21, 2019 | Latest Articles, Recent Case Decisions | 0

Los Angeles County Metropolitan Transportation Authority v. Yum Yum Donut Shops, Inc. Facts: A...

May a trustee foreclose on a property without verifying the validity of the underlying mortgage?

by Benjamin J. Smith | May 13, 2019 | Latest Articles, Recent Case Decisions | 0

Citrus El Dorado, LLC v. Chicago Title Company Facts: A developer takes out a mortgage to fund...

Is Fannie Mae liable for money losses resulting from a false foreclosure report in its underwriting software?

by Oscar Alvarez | Apr 29, 2019 | Distressed Sales, Finance and Mortgages, Latest Articles, Recent Case Decisions | 0

Zabriskie v. Federal National Mortgage Association Facts: A homeowner defaults on their mortgage...

Does a deed transferring an interest in a property need to specify the type of ownership being changed?

by Benjamin J. Smith | Apr 29, 2019 | Latest Articles, Recent Case Decisions | 0

In re Marriage of Begian and Sarajian Facts: A married couple own residential property as joint...

May a buyer of foreclosed rental property serve a tenant with a notice to quit prior to perfecting title?

by Benjamin J. Smith | Apr 22, 2019 | Latest Articles, Recent Case Decisions | 0

Dr. Leevil, LLC v. Westlake Health Care Center Facts: A landlord defaults on the mortgage...

May a homeowner operate a vineyard on a property that prohibits commercial and business activity?

by Oscar Alvarez | Apr 22, 2019 | Latest Articles, Laws and Regs, Recent Case Decisions | 0

Eith v. Ketelhut Facts: A homeowner’s property is part of a common interest development (CID)...

May the owner of a property burdened by an easement limit the dominant estate owner’s use based on historic use?

by Oscar Alvarez | Apr 15, 2019 | Latest Articles, Laws and Regs, Recent Case Decisions | 0

Zissler v. Saville Facts: A servient estate owner grants an appurtenant easement for access,...

May a property developer receive monetary compensation for land they dedicated to the government without a formal deed?

by Benjamin J. Smith | Apr 15, 2019 | Latest Articles, Recent Case Decisions | 0

Prout v. Department of Transportation Facts: A land developer dedicates a highway-adjacent parcel...

Category: Recent Case Decisions

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?

May a landlord evict a tenant from a property in an area protected by a rent control ordinance when the property was converted from a single family residence exempted from the ordinance?

May an owner of a home constructed while title was held by an LLC receive tax benefits under Prop 13?

May a tenant be evicted when they pay the landlord a monthly payment one cent less than the agreed-upon amount?

May a commercial property owner whose property is seized through eminent domain recover money losses for lost goodwill when they refuse to relocate?

May a trustee foreclose on a property without verifying the validity of the underlying mortgage?

Is Fannie Mae liable for money losses resulting from a false foreclosure report in its underwriting software?

Does a deed transferring an interest in a property need to specify the type of ownership being changed?

May a buyer of foreclosed rental property serve a tenant with a notice to quit prior to perfecting title?

May a homeowner operate a vineyard on a property that prohibits commercial and business activity?

May the owner of a property burdened by an easement limit the dominant estate owner’s use based on historic use?

May a property developer receive monetary compensation for land they dedicated to the government without a formal deed?

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