Plaintiffs had rented space in a converted garage unit for several years when the residential property was foreclosed upon by a bank. The trial court granted the bank’s motion for summary judgment based on its determination the foreclosure sale extinguished plaintiff’s lease. Citing the Protecting Tenants Against Foreclosure Act of 2009 [PTFA; Pub.L. 111-22, Div. A, […]
Is A Notice Of Sale Valid If Over A Year Old?
If the Notice of Trustee’s Sale is more than 365 days old, it is probably invalid. California Civil Code section 2924g, subdivision (c)(1) provides: ” (c) (1) There may be a postponement or postponements of the sale proceedings, including a postponement upon instruction by the beneficiary to the trustee that the sale proceedings be postponed, at any time prior to […]
MORTGAGE DEBT RELIEF ACT – SET TO EXPIRE DECEMBER 31, 2013 !
There are 30 days to go until January 1, 2014 when forgiven debt from the disposition of a principal residence – exempted from income tax since the Mortgage Debt Relief Act of 2007 went into effect, will again become taxable. This is not the first time this law has had to be revised for an extended […]
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 […]
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 […]
Post-Riverisland World: Estimates Can Support A Claim For Fraud.
After a tenant moved into a shopping center, its share of expenses for property taxes, insurance and common maintenance substantially exceeded the landlord’s pre-lease-signing estimates. The tenant sued for fraud, rescission based on mutual mistake, mistake of fact, breach of lease and breach of the implied covenant of good faith and fair dealing. The trial court […]
Geographic Information System (GIS)-Formatted Databases Are Public Records & Must Be Produced Upon Request At The Actual Cost Of Duplication.
The California Supreme Court’s opinion’s first paragraph speaks for itself: “Like many counties in California, Orange County (the County) maintains a large database of information about land parcels in a geographic information system (GIS) file format. With this database, called the OC Landbase, a user with appropriate software can create a layered digital map containing information […]
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