The signatures on loan documents were forged. Interest-only payments were made. A larger replacement loan was made, again based upon forged documents. When the property owners realized what had happened, they brought an action for fraud against various persons. Everything settled, except a cross-complaint of one lender against another lender. At trial, a jury decided a […]
A Merger Of Title Does Not Always Result With The Union Of A Greater And Lesser Estate.
Seller of commercial property’ consisting of several buildings and covering an entire city block’ sold a portion of the property to buyer, which sale presented a predicament. Some of the buildings on the property straddled lot lines, and the sale did not effectuate a legal lot split to effectuate the parties’ intent to completely own certain […]
Adverse Possession Law Students Will Be Tortured With Blackacre Hypos Based On This One!
Owner of a 30-acre parcel of land [owner #1] placed a boundary fence in the wrong place in 1987. Since then, owner #1 has been occupying and improving the .44-acre of the 173-acre parcel owned by owner #2, a religious group. Owner #1 paid no taxes on that .44-acre piece of land, but, because it was […]
Dismissal Of Wrongful Foreclosure Action Reversed.
The appellate court reversed the sustaining of a demurrer to plaintiff’s complaint for wrongful foreclosure. In support of the demurrer, defendants sought judicial notice, which was granted, of the notice of default, including the attached declaration of someone named Samantha Jones, which stated the bank “tried with due diligence to contact [plaintiff] in accordance with California […]
In Quiet Title Default Prove-Ups, Another Appellate Court Agrees Evidentiary Hearing Required.
I previously reported on the split decision of Harbour Vista, LLC v. HSBC Mortgage Services, Inc. (2011) 201 Cal.App.4th 1496, [134 Cal.Rptr.3d 424], which noted that Code of Civil Procedure section 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 […]
No Legal Duty To Protect Plaintiff In Cow Versus Motorcycle Case.
Plaintiff’s complaint alleged negligence and premises liability after a 1,200-pound cow named “Annie” charged him while his motorcycle was stopped on a paved road within a ranch, but classified as an easement and used by eight families to get to their landlocked properties. At the close of plaintiff’s evidence at trial, the court granted a nonsuit. […]
Commercial Lease Does Not Last Forever.
Commercial lease term stated: “Provided that Tenant shall not then be in default hereunder, Tenant shall have the option to extend the Term of this Lease for 5 (FIVE) YEARS additional FIVE year periods upon the same terms and conditions herein contained . . . .” The trial court concluded the commercial lease grants the tenant […]
Unclean Hands Defense Defeats Claim Of Adverse Possession.
Two years after the owner of a residence died intestate leaving two sons, plaintiff and her husband changed the locks and placed a “No Trespassing” sign on the property which also indicated she was the owner. Plaintiff and her husband placed a fence around the property and commenced repairs. They recorded a quitclaim deed from the […]
Tenant Prevails In Unlawful Detainer Action.
Property owner raised the rent and the tenant refused to pay rental increases, arguing the increase violated the city’s rent stabilization ordinance. The owner responded by filing an unlawful detainer action. A provision in the ordinance states that a tenant may refuse to pay rent greater than that allowed under the ordinance. The trial court agreed […]
Attorney Fees Provision In Escrow Instructions Unconscionable.
Plaintiffs lost at summary judgment after bringing an action against a title company for overcharging for notary services performed through the title company’s escrow services company. The escrow instructions contained an attorney fee provision, and, under it, the trial court awarded the title company $266,801 for its attorney fees. The appellate court reversed the attorney fee […]
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