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 […]
Development Of Solar Project To Go Forward Despite Williamson Act contract.
A county cancelled a Williamson Act contract [Government Code section 51200] and certified an Environmental Impact Report [EIR] for a proposed solar power plant. The trial court denied a petition for extraordinary relief challenging certification of the EIR and the cancellation of the contracts brought by environmental groups trying to halt the proposed development. Under a […]
No Private Right Of Action For Tenant.
Plaintiff was a tenant on property for which a bank took title at foreclosure. The bank served her with a three-day notice of termination and then immediately initiated an unlawful detainer action. Plaintiff contends the bank was required to serve a 90-day notice of termination prior to eviction. She filed an action against the bank in […]
Dismissal Of Predatory Lending Action Reversed.
Plaintiffs initiated an action against a loan broker and various financial institutions, claiming “pursuant to a scheme of predatory lending, [they] made material misrepresentations and fraudulent concealments of circumstances in the appraisal of the residence and in the terms of the loan in order to maximize their profit.” They alleged they applied for a residential home […]
When Trying To Effect Service Of Process In Unlawful Detainer Cases What Is “Reasonable Diligence?”
Code of Civil Procedure section 415.45, provides that summons may be served on an unlawful detainer defendant by posting it on the premises, along with notice sent by certified mail to that address, if the court determines that “the party to be served cannot with reasonable diligence be served in any manner specified in this article [i.e., […]
Fifteen Percent (15 %) Interest Not Usury.
Plaintiff borrowed money from a mortgage lender secured by a deed of trust on certain real property. The interest rate was 15%, with interest-only payments from 2009 until 2012. When plaintiff defaulted, the lender foreclosed. Plaintiff filed suit against the lender claiming the interest rate on the loan exceeded the maximum allowed by the California Constitution, […]
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