Senior citizens in a mobile home park subject to rent control alleged they were induced into a condominium conversion through false promises about their lot prices, but once they converted, the owners raised the prices so high, they couldn’t afford them. They appealed an order denying their motion to certify a class action for breach […]
Wallscape Advertising In Place Since 1984 Olympics Approved By City, But, Violates State Law.
L.A. building, purchased in 1999, had 8,000 square feet of advertising space on its side. Permits from the City were located at the time of purchase, but no investigation was done to determine whether there were state-issued permits. The Department of Transportation [Caltrans] found the wallscape to be in violation of the Outdoor Advertising Act […]
Mobile Home Park Application For Conversion Improperly Denied.
A mobile home park applied to a city to convert the park to resident ownership by subdividing the park into individual lots which would be offered for sale to residents. Government Code §66427.5 required the park to conduct a “survey of support.” Only a handful of park residents completed the survey, and of those, 58 […]
Question Of Fact Whether Dangerous Condition Of Public Property Existed.
Traffic exiting baseball park was induced onto a public street where plaintiff was standing behind her car when she was hit by a drunk driver. The trial court granted summary judgment. The appellate court reversed, holding numerous questions of fact existed relating to the issue of dangerous condition of public property. Cole v. Town of […]
Once Again, Which Statute Of Limitations Applies?
In another case, appellants had an option to purchase real property and claimed the three-year statute of limitations under Civ.Proc. §338 applied. Both the trial and appellate courts found the two-year statute of limitations under Civ.Proc. §339 was the right one because “an option to purchase real property is a contractual right.” Cyr v. McGovran […]
Seller’s or Buyer’s Broker, Which Statute Of Limitations Applies?
California Civil Code section 2079.4 imposes a two-year statute of limitations on suits brought against a seller’s real estate broker. The standard buyer-broker agreement form issued by the California Association of Realtors form imposes a two-year limitations period for any legal action against a buyer’s broker. This case involves claims brought against a dual listing […]
First In Time, First In Right…uh oh, the preliminary title report didn’t catch something…Equitable Subrogation To The Rescue.
A husband and wife borrowed $3.2 million from Chase Bank to refinance their home and pay off two existing deeds of trust. The escrow instructions expressly stated the loan was to pay off the existing first and second deeds of trust, that the loan was not to close unless secured by a new first deed […]
“Boundary By Agreement” Doctrine Does Not Apply.
The parties own contiguous pieces of property with a common boundary of approximately 1,300 feet. Plaintiff’s fence does not run all the way to the boundary line, and defendant’s almond orchard encroaches on a portion of plaintiff’s property. Defendant contended the fence established the boundary under the doctrine of “boundary by agreement.” The trial court […]
Cut Down A Tree And It Won’t Be Free.
An old Aleppo pine tree, originally on one side of a property line, straddled the line as it grew to be 70 feet high. Workers were hired to cut down the tree top on one of the properties because the owners were concerned it might topple and cause damage. Instead of cutting down just one […]
Court’s Appointment Of Expert Under Evid.Code §§730 & 952 Reversed.
Pursuant to Evidence Code §§730 and 952, the trial judge appointed two experts who work for the Los Angeles County Department of Regional Planning to assist real parties to prepare a map designating where in the county persons required to register as sex offenders may live and comply with Penal Code §3003.5(b) which prohibits them […]
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