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 […]
Anti-SLAPP Motion Should Have Been Granted In Registered Sex Offender Case.
The renter/defendant of a house owned by the owner/plaintiff told a potential buyer of the house that a registered sex offender lived immediately across the street from the house. The sale fell through and the owner sued the renter for interfering with the sale. The renter filed an anti-SLAPP motion under Code of Civil Procedure section […]
Technological Changes Did Not End Design Immunity In Construction
Plaintiffs were injured in an accident on a bridge and brought an action for dangerous condition of public property. Defendants argued they enjoyed design immunity, but plaintiffs contended they lost that immunity when they became aware of certain technological changes which made it appropriate to install modifications. The trial court entered judgment in favor the […]
2007 Mortgage Debt Relief Act Extended For One Year In Senate Bill.
It appears that the Mortgage Debt Relief Act of 2007 will be extended for one year. The Senate is currently making amendments to the Bill, passed in the House earlier this morning and the President has yet to sign, however, with those caveats the extension is expected to be included. Here is the text from […]
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 […]
Omission Of A Trustee On Deed Of Trust Does Not Prevent Enforcement Of The Deed Of Trust.
After homeowners/borrowers fell more than $90,000 behind in payments, the beneficiary of the deed of trust substituted an entity as trustee to initiate nonjudicial foreclosure proceedings. The homeowners sued to set aside the sale because the deed of trust failed to designate a trustee. Both the trial court and the appellate court held the omission […]
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 […]
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 […]
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