Plaintiff was hired by Dish Network to install a satellite dish on the roof of a residence. When he stepped from his ladder onto a roof extension which had been installed by the homeowner without a permit, the 225 pound plaintiff crashed to the ground, suffering significant injuries. He sued the homeowner. The court affirmed […]
Condominium Owner Must Pay Association’s Attorneys’ Fees.
Condo owner sued association for violation of CC&R’s, but dismissed most of the causes of action on the Friday prior to the trial date the following Monday. On Monday, the plaintiff successfully moved to continue the trial for the few remaining counts. A few weeks later, citing Civil Code §1354 (c), the association requested $252,767 […]
Tenant’s Release For Landlord’s Negligence Enforceable.
Civil Code §1953 says it’s against public policy for “any” provision in a lease to require a lessee to waive a landlord’s exercise of due care to prevent personal injury or property damage. Here tenant waived liability for landlord’s negligence in operating a tenant-only health club and exercise facility. The Court of Appeal said the […]
No Dangerous Condition; No Duty To Provide More Lighting; Severe Injuries.
Father and his three children were walking across the street in the evening in a marked crosswalk that had no signal lights and no overhead lighting. A car stopped and they entered the crosswalk in front of the stopped car. A pickup truck coming from the opposite direction hit one of the children who was […]
Real Estate Broker Not Liable To Third Parties Under B&P Statute.
Business and Professions Code §10159.2 makes a licensed individual real estate broker who is the designated officer of a corporate broker “responsible for the supervision and control” of the corporate broker’s employees. Lender alleged misrepresentations by a real estate salesman. The trial court sustained defendant’s demurrer, and the Court of Appeal affirmed, stating: “The designated […]
Foreclosure or Short Sale: Loss Mitigation Strategies for Homeowners, Realtors, and Attorneys Video Release
Tonight I am at Double Mountain Studios editing our “Foreclosure or Short Sale: Loss Mitigation Strategies for Homeowners, Realtors, and Attorneys” video. About to launch to the public! Stay Tuned for our release announcements coming soon . . .
California Legislature Passes Homeowners’ Bill Of Rights
State lawmakers approved a series of foreclosure relief bills Monday, July 2, 2012, that supporters say will help hundreds of thousands of struggling Californians stay in their homes. The legislation, opposed by banks that in previous years had succeeded in killing similar proposals, is meant to help people at risk of foreclosure stay in their […]
FHFA, Fannie Mae, and Freddie Mac File Suit Challenging Imposition of State and Local Taxes
On June 22, the FHFA, along with Fannie Mae and Freddie Mac (the Enterprises), filed a lawsuit in the U.S. District Court for the Northern District of Illinois challenging the authority of Illinois state and county officials to impose transfer taxes on transactions moving property to or from the Enterprises. Although the complaint concedes that […]
Another Appellate Court Agrees Evidentiary Hearing Required In Quiet Title Default Prove-Ups.
Six months ago, the decision of Harbour Vista LLC v. HSBC Mortgage Services Inc. (2011) 201 Cal.App.4th 1496, [134 Cal.Rptr.3d 424], which noted that Civ.Proc. §764.010 provides that in actions to quiet title, the court shall not enter judgment by default but shall in all cases require evidence of plaintiff’s title and hear such evidence […]
Decision That Foreclosing Party Must Be Note Holder Or “Acting On Behalf” Of Note Holder In Massachusetts.
On June 22, 2012, the SJC issued a decision in Eaton v. Federal National Mortgage Ass’n et al, Massachusetts Supreme Judicial Court, (June 22, 2012) (Case No. SJC-11041) holding that a foreclosure by sale pursuant to a mortgage power of sale provision must be conducted by a mortgagee that either holds the underlying mortgage note or […]