May a landlord recover possession of their leased premises from a tenant when the landlord provides a deficient three-day notice to pay rent or quit?
Eshagian v. Cepeda
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Category: Recent Case Decisions
Does an insurer owe an HOA a defense to a lawsuit seeking enforcement of CC&Rs when initial complaints to an HOA of violations occurred before the insurer’s policy was issued but before a demand with a deadline for specific enforcement?
Del Mar Woods v. Philadelphia Indemnity Insurance Company
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May a property owner holding a title insurance policy transfer title to the insured property to themselves as trustee for their intervivos trust using a quitclaim deed and retain the coverage?
Santos et al. v. Fidelity National Title Insurance Co.
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May a homeowner in a Chapter 13 bankruptcy plan cram down the principal balance on a short-term second mortgage encumbering their primary residence and include rent from a rent-a-room tenant as income to support the new mortgage payments?
A United States court of appeals holds cramdowns on short term mortgages during Chapter 13 bankruptcy are enforceable.
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Is percolating groundwater which seeps into an aquifer conveyed with the land when a mortgage holder forecloses on a parcel of real estate?
Sandton Agriculture Investments III, LLC v. 4-S Ranch Partners, LLC
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Does an owner of property adjacent to a highway owe a duty to protect the driving public by removing a tree which presents a dangerous condition?
Union Pacific Railroad Company v. Superior Court (Abrams)
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May a mortgage holder who records a notice of trustee’s sale (NOTS) while an application for mortgage modification is pending avoid violating the Homeowner’s Bill of Rights (HBOR) by filing a new NOTS more than a year after the application is denied?
Reese v. Select Portfolio Servicing, Inc.
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May a shopping mall landlord avoid a lease agreement provision reducing a tenant’s rent when the level of occupancy drops in the property?
The California Supreme Court holds rent provisions based on occupancy levels are enforceable.
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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?
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.
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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?
A California appeals court holds a cause of action against a broker for breach of fiduciary duty is transferable.
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