The same piece of property is the subject of both a lease and an easement. Plaintiffs own the property and defendants park their garbage trucks and place their storage bins on the property. The trial court ruled that, assuming the 22-year-old lease was valid, it had been abandoned because defendant “clearly disregarded the lease as soon […]
Big Difference For Real Estate Agent When Criminal Conviction Is Dismissed “In The Interests Of Justice” Under Penal Code Section 1385 Than When It’s Expunged Under Penal Code Section 1203.4.
In January 2009, a licensed real estate agent pleaded no contest and was convicted of misdemeanor hit and run with property damage in violation of Vehicle Code section 20002(a). In April 2010, after negotiations with the district attorney, the court granted the real estate’s motion to set aside her no contest plea. The court also granted […]
Rent-Control Intricacies And Complications.
A mobile home park owner attempted to raise rents in a rent-control area, and the City’s Mobilehome Park Rental Review Board approved increases, but not in the amount sought. The mobile home park owner filed suit in federal court asserting facial and as-applied takings and due process claims. The federal trial court concluded the facial takings […]
Restriction In 1946 Deed Enforceable As A Covenant Running With The Land.
In 1945, a woman purchased a parcel of real property described as “Lot 4.” In 1946, she conveyed a portion of Lot 4 by a grant deed, which provided that she was conveying ‘[a]ll of Lot 4 EXCEPTING the following described property in Block ‘I’ . . . :” The deed then set forth the legal […]
For Injuries Caused By Diseased Tree On Public Property, No Liability Against County.
Plaintiff was in a county-owned paved parking lot along the Sacramento River when a cottonwood tree fell on him, resulting in injuries. He brought an action for dangerous condition of public property and the trial court granted summary judgment based upon Government Code section 831.2. The appellate court affirmed, stating, “we conclude that [plaintiff’s] injuries were […]
Developer Dilemma.
As a condition of a city giving approval for a developer to build 96 condominiums on a parcel of land, the city required the developer to set aside 10 condo units at below the market rate and make a substantial contribution to a city fund. The developer proceeded with construction but challenged the city’s requirements pursuant […]
Group Homes? Not In My Back Yard.
“One of the wealthiest cities in the United States” passed an ordinance “which prohibits new group homes in most residential areas, requires existing group homes in those areas to submit to a burdensome permit process, and subjects those seeking to establish group homes in the limited areas in which they are permitted to operate to the […]
Home Was Sold While In Compliance With Mortgage Modification Plan; Demurrer Should Not Have Been Sustained.
In 2006, plaintiff refinanced her home and executed a promissory note secured by the deed of trust. The deed of trust was later assigned to defendants. A notice of default and election to sell under the deed of trust were executed and recorded. After negotiations, defendant offered plaintiff a modification plan which required her to make […]
Ongoing And Gradual Earth Movement Does Not Result In Lot Line Displacements.
In 1956, road construction by Los Angeles County in a then unincorporated area of the Palos Verdes Hills known as Portugese Bend accidentally reactivated a sub-surface prehistoric slide area. That incident sent just under one square mile of hillside property on an ongoing, slow-motion, downhill journey that inexorably leads to a bluff overlooking the Pacific Ocean. […]
Landlord May Hold Open Houses.
Tenant lives in a condominium subject to the Santa Monica rent control regulatory scheme. The landlord listed the property for sale, but the tenant would not permit open houses on weekends, and would permit the property to be shown only pursuant to appointments. Frustrated, the landlord filed an action for declaratory relief. The trial court’s order […]
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