An owners association filed a construction defect action against a condominium developer, seeking recovery for damage to its property and damage to the separate interests of the condominium owners who compose its membership. In response, the developer filed a motion to compel arbitration, based on a clause in the recorded declaration of covenants, conditions, and […]
All Insurers Pay.
The California Supreme Court considered questions of insurance coverage in connection with a federal court-ordered cleanup of the Stringfellow Acid Pits waste site. The opinion reaffirmed “the ‘continuous injury’ trigger of coverage,” as that principle was explained in Montrose Chemical Corp. v. Admiral Ins. Co. (1995) 10 Cal.4th 645, 655, [913 P.2d 878; 42 Cal.Rptr.2d […]
Real Estate Department Must Pay For Broker’s Fraud.
Plaintiffs obtained a judgment for $280,000 against their broker after four fraudulent real estate transactions. Plaintiffs applied with the Department of Real Estate Recovery Account to pay what they could not collect from their broker. The Department paid $50,000 and denied the Remainder, Finding Some Of The Transactions Were Based On The Broker’s Breach Of […]
No Luck With Mandamus Involving A Board Of Supervisor’s Exercise Of Discretion Either.
A trust appealed from the denial of its petition for administrative mandamus in which it sought to overturn the decision of the Board of Supervisors denying its application to turn a mobile home park from rental to condominium ownership. The trust argued that under Government Code section 66427.5 (e) the Board erred when it considered […]
City Ordinance Relating To Clean And Safe Rental Properties.
Petitioner is the owner of residential properties in Santa Cruz. Prompted by findings of substandard, overcrowded and unsanitary residential rental properties, the City of Santa Cruz passed an ordinance calling for annual inspections of all residential rental properties within City limits. Petitioner filed a petition for writ of mandate, arguing the ordinance is preempted by […]
Mobilehome Up For Sale Protected By Rent Control, Even If Not Principal Residence.
Damages awarded against a mobilehome park were measured by the difference between the rent charged and the rent permitted by a city ordinance. Civil Code §798.21 provides that a mobilehome space is exempt from a local rent control ordinance if the space is not the principal residence of the homeowner. One homeowner, whose mobilehome was […]
Triable Issues Whether Foreclosure Sale Should Be Set Aside Due To Unconscionability Of Transaction.
In action in which a homeowner sued a lender, a loan servicer and others to set aside a trustee’s sale claiming predatory lending, the trial court granted summary judgment. The appellate court noted the refinance was for $1.5 million with a monthly payment of $12,381.36 and the homeowner had a monthly income of $3,333. The […]
Evidentiary Hearing Required Before Entering Default Judgment In Quiet Title Action.
CCP §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 and hear such evidence as may be offered respecting the claims of any of the defendants. The appellate court found this obligated the trial court to hold an […]
Undertaking Not Required When Injunction Granted.
CCP §529(a) requires the court to order an undertaking when it grants a preliminary injunction to protect a defendant against losses that may be incurred if the defendant prevails on the merits. But when the court granted the injunction here, it also ruled on the merits of the underlying claim, and, thus, could not order […]
Must Follow Contractual Alternative To Right To Repair Act In Construction Defect Matters.
Plaintiffs, owners of 32 homes built by developer, brought a construction defect action. Civil Code sections 895 through 945.5, the Right to Repair Act, prescribe non-adversarial pre-litigation procedures a homeowner must initiate prior to bringing a civil action against a builder for alleged construction deficiencies. Plaintiffs contended the developer did not give the required notice […]
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