The trial court denied a group’s petition for writ of mandate to vacate certification of an environmental impact report [EIR]. Petitioners claimed the City wrongly defined the project to exclude the pending residential and commercial development on an adjacent property, and that the project is interrelated with the City’s development of a park. The appellate […]
Parol Evidence Admissible & Statute Of Limitations Explained In Real Estate Sales Contract Twist.
Buyer failed to reconvey property to seller after paying off her debts secured by the home in exchange for the return of the purchase price and payment of a service fee as orally promised by buyer. The seller’s broker was supposed to memorialize the terms of the deal into a writing, but the written contract […]
Filing Of Lis Pendens Privileged.
A family home was foreclosed on pursuant to a forged or fraudulent second deed of trust. The alleged homeowners filed an action to quiet title to the property and recorded a lis pendens. The persons who purchased the property in good faith at a foreclosure sale filed an action for slander of title alleging that […]
Mobile Home Conversion Is A Development Under Coastal Act.
The California Supreme Court held the Coastal Act [Public Resources Code § 30000] and the Mello Act [Government Code § 65590] apply to a proposed conversion, within California’s coastal zone, of a mobilehome park from tenant occupancy to resident ownership. In so holding, the Supreme Court rejected the argument that such a conversion is not […]
Real Estate Commissioner Looked At Man’s Prior Crime Rather Than Whether He Had Rehabilitated Himself When Broker’s License Was Denied.
A man who had been previously convicted of a misdemeanor, and who completed his probation and had his conviction expunged under Penal Code § 1203.4, applied for a real estate broker’s license. A commissioner of the Department of Real Estate denied the man’s application based on the “dishonest nature” of his prior conviction for theft […]
You Go First. No, After You.
Civil Code §910 requires a homeowner to serve notice of a construction defect claim to commence the prelitigation process before bringing a lawsuit. But §912 requires the builder to provide certain documents. The homeowners claimed they needed the documents before they could comply with §910, and the builder claimed it wasn’t required to provide the […]
Trial Court Erred When It Reduced The Size Of Easement.
The configuration of a property was changed over the years after an easement across it had been granted. Based on all the changes and the present needs of present property owners, the trial court ruled “the reasonable requirements of the Barlow Parcel both presently and in the future do not require the full size and […]
Without A License, Contractor Worked For Nothing.
A tribal corporation brought suit against a contractor for the return of funds it paid for work, alleging the contractor was not licensed. The trial court granted summary judgment in favor of the tribal corporation. The Court of Appeal found the trial court abused its discretion when it summarily sustained all 39 of the tribal […]
High Heels Get Caught In Concrete Crack.
Plaintiff caught her foot in a walkway separation and “the toe of [her] right shoe . . .started to go forward” and she went down suffering injuries to her hands, wrists, elbows and knee. A jury awarded her $1,336,197 and the trial court granted both a JNOV and a new trial, ruling that “no reasonable […]
Class Certification Should Not Have Been Denied Without An Opportunity To Amend.
Senior citizens in a mobile home park subject to rent control alleged they were induced into a condominium conversion through false promises about their lot prices, but once they converted, the owners raised the prices so high, they couldn’t afford them. They appealed an order denying their motion to certify a class action for breach […]
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