Real Estate

Real estate dispute amongst family members over expensive single family home. Allegations include false deed and improper transfer of property. The case was further complicated by a mistake made by notary concerning power of attorney documents. Allegations concerning fraud, lack of standing , and statute of frauds.

Plaintiff, whose real property was subject to a nonjudicial foreclosure proceeding, sued a sub-escrow in the foreclosure proceeding. Plaintiff alleged that the sub-escrow failed to record a request for reconveyance of a deed of trust that secured a promissory note. Issues included whether, under Civ. Code, § 2941, the sub-escrow owed a statutory duty to the owner to ensure the recording of a request for reconveyance or owed such a duty under any other applicable law.

Homeowners filed suit for slander of title and negligence based on an alleged wrongful nonjudicial foreclosure, naming as a defendant the trustee who had recorded the notice of default on the property on instructions by the homeowner’s creditor. Primary issue was whether Civ. Code, § 2924 deems the statutorily required mailing, publication, and delivery of notices in nonjudicial foreclosure, and the performance of statutory nonjudicial foreclosure procedures, to be privileged communications under the qualified common interest privilege of Civ. Code, § 47, subd. (c)(1).

Plaintiffs, longtime owners of a landlocked, undeveloped lot, sued their neighbors, seeking to establish their continuing right to use a driveway owned by the neighbors, which was the sole means of access to plaintiffs’ lot. Issues included whether, under the relative hardship doctrine, plaintiffs were entitled to an “equitable easement” for use of the driveway.

After a homeowner’s association placed restrictions on proposed construction on an unimproved lot, the property owners sued, among others, two members of the association’s board, alleging they had a conflict of interest in urging disapproval of the project. Issues included whether the evidence showed that the sued individuals had any role in the placing of the restrictions by the association’s architectural committee.

Commercial tenant in a shopping mall sued landlord for declaratory relief over a lease dispute. Issues included whether the lease agreement authorized the landlord to charge the tenant a management or administrative fee as part of the common area maintenance cost.

Commercial landlord sued tenant for breach of written lease, account stated, and open book account, and prevailed at trial receiving unpaid rent, prejudgment interest, and late fees. Issues included the viability of the awards based on the evidence presented.

Property owners sought permits from the county to drill water wells on their properties. Issues involved whether Bus. & Prof. Code, § 7044, subd. (a), which exempts from state contractor laws property owners who perform work on their own properties, applied to exempt the owners from Cal. Water Code, § 13750.5, which requires any person who constructs a water well in California to hold a C-57 license.