Case Summaries
Property Law & Real Estate
[10/17] First Bank v. East West Bank
In an appeal from a judgment of the trial court declaring that two trust deeds have equal priority, judgment is affirmed because where two deeds of trust secured by the same real property are simultaneously time-stamped for recording but indexed at different times, each lender has equal priority.
[10/06] Dollinger Deanza Associates v. Chicago Title Insurance Co.
In an appeal from a judgment of the trial court granting defendant summary relief on plaintiff's claim for breach of a title insurance policy, judgment is affirmed where subject policy did not provide coverage for plaintiff's claim and defendant was not equitably estopped from denying coverage due to its post-claim reversal of an adverse decision.
[10/03] DeCicco v. California Coastal Commission
In an appeal from a judgment of the trial court dismissing appellant's writ challenge to the defendant's appellate jurisdiction over their coastal development project, judgment is affirmed where although a county's approval of a "principal permitted use" development within a coastal zone is not appealable to the Coastal Commission, the Commission has appellate jurisdiction when the development project also requires approval of a subdivision.
[09/30] Traudt v. City of Dana Point
In an appeal from a judgment of the trial court dismissing plaintiff's action for a declaration that defendant-city's failure to expressly recognize medical marijuana dispensaries as permitted uses constituted an unlawful zoning ban preempted by state law, appeal is dismissed where plaintiff lacked standing because an individual medical marijuana patient is not the proper party to challenge generally applicable zoning provisions.
[09/30] Sukut Construction, Inc. v. Rimrock CA, LLC
In an appeal from a judgment of the district court dismissing appellant's action for foreclosure of a mechanic's lien on summary adjudication, judgment is affirmed where the subject quarry was not a mine within the meaning of Civil Code section 3060 and plaintiff is judicially estopped from arguing it was entitled to enforce a mechanic's lien.
[09/28] Burch v. Premiere Homes, LLC
In an appeal from a judgment of the trial court denying defendants' motion to compel arbitration, judgment is affirmed where: 1) the court correctly concluded that the subject arbitration clause was reasonably susceptible to conflicting interpretations; and 2) the court acted within its discretion in considering extrinsic evidence of the parties' intent, including the receipt of additional oral testimony at a special hearing.
[09/28] Metis Development LLC v. Bohacek
In an appeal from a judgment of the trial court denying appellants' motion to compel arbitration of claims arising from a foreclosure action on a construction loan, judgment is reversed where the court erred in failing to issue a statement of decision under Code of Civil Procedure section 1291.
[09/22] In the Matter of World Trade Center Bombing Litigation
In an appeal from a judgment of the appeals court in a tort action concerning proprietary liability for the 1993 bombing of the World Trade Center (WTC), judgment is reversed where the provision of security for the benefit of the general public involving the allocation of police resources constitutes the performance of a governmental function so that defendant-Port Authority is immune from liability.
[09/22] US v. Hersom
In an appeal from a judgment of the district court denying defendant's motion to withdraw his guilty plea to arson of a building owned by an organization receiving federal financial assistance, 18 U.S.C. § 844(f), judgment is affirmed where the present participle "receiving" as used in the statute applies to benefits derived from the continuous use of federal funds such that subject building fell within Section 844(f) even though all the federal funds lent to its owner had been disbursed.
[09/22] Golden Hill Neighborhood Assn., Inc. v. City of San Diego
In a challenging to defendant-municipality's formation of a special assessment district, judgment is vacated where the vote establishing the district is invalid and because defendant's failure to separate and quantify the general and special benefits provided by the proposed assessment renders the assessment and formation of the district invalid under article XIII D of the California Constitution.
[09/21] Maya v. Centex Corporation
In an appeal from a judgment of the district court dismissing plaintiff-home owners' overpayment and rescission claims against the developers for lack of standing, judgment is reversed where plaintiffs' decreased home value and desirability are cognizable injuries.
[09/21] In re: Lemington Home for the Aged
In an appeal from a judgment of the district court granting summary judgment in favor of defendants on the grounds that the business judgment rule and the doctrine of in pari delicto bar plaintiff's action for breach of fiduciary duty, judgment is reversed where there are genuine disputes of material facts.
[09/13] Calvo v. HSBC Bank USA, N.A
In an appeal from a judgment of the trial court dismissing an action seeking to set aside a foreclosure sale of plaintiff's residence, Civil Code section 2932.5, judgment is affirmed where defendant-Bank did not violate section 2932.5 because that statute does not apply when the power of sale is conferred in a deed of trust rather than a mortgage.
[09/13] Mt. Holly Gardens Citizens in Action, Inc. v. Township of Mount Holly
In an appeal from a judgment of the district court granting defendant-municipality summary judgment in an action alleging Title VIII violations and arising from a planned gentrification of a certain neighborhood, judgment is reversed where the court misapplied the standard for deciding whether plaintiffs could establish a prima facie case and because it did not draw all reasonable inferences in the plaintiffs' favor.
[09/12] Robinson v. Countrywide Home Loans, Inc.
In an appeal from a judgment of the trial court sustaining, without leave to amend, defendants' demurrer in an action for wrongful initiation of foreclosure and related-causes, judgment is affirmed where even if a statutory action for damages or for declaratory relief were available to challenge the standing of a foreclosing entity, plaintiff's amended complaint does not allege any facts upon which such an action could be based with respect to the defendants.
[09/09] Ross v. California Coastal Commn.
In an appeal from a judgment of the trial court granting in part plaintiffs' mandate petition challenging defendant-commission's certification of a coastal development project, judgment is reversed insofar as it: 1)( granted the mandate petition and remanded with instructions to deny petition in its entirety where the commission reasonably resolved conflicting city development standards concerning buffers in environmentally sensitive habitat areas; and 2) complied with Public Resources Code section 21080.5(d)(2)(B), (d)(2)(D), (d)(2)(F) and (d)(3), and the California Environmental Quality Act section 15252 (a).
[09/07] Cervantes v. Countrywide Home Loans, Inc.
In an appeal from a judgment of the district court dismissing, without leave to amend, plaintiffs' complaint for failure to state a claim in a putative class-action challenging the origination and foreclosure procedures for home loans maintained within the Mortgage Electronic Registration System (MERS) and alleging violations of the Truth in Lending Act, 15 U.S.C. section 1601 et seq., the Arizona Consumer Fraud Act, Ariz. Rev. Stat. 44-1522, and derivative tort claims, judgment is affirmed where: 1) although the plaintiffs allege that aspects of the MERS system are fraudulent, they cannot establish that they were misinformed about the MERS system, relied on any misinformation in entering into their home loans, or were injured as a result of the misinformation; and 2) Arizona state law does not recognize a cause of action for wrongful foreclosure.
[09/06] West Chandler Blvd. Neighborhood Assn. v. City of Los Angeles
In a consolidated appeal from the judgment of the trial court denying appellants' petition for a writ of of administrative mandamus seeking to overturn a decision by defendant-city granting a Conditional Use Permit and parking variance to real parties-in-interest and a Code of Civil Procedure section 1021.5 motion for attorney fees, judgment on petition is reversed where the defendant did not comply with the relevant provisions of its Charter and Municipal Code and with the requirements of Topanga Assn. for a Scenic Community, with the appeal regarding attorney fees dismissed as moot.
[09/06] Carrico v. City and County of San Francisco
In an appeal from a judgment of the district court rejecting plaintiffs' facial First Amendment and vagueness challenges to portions of an amendment to defendant's rent-stabilization ordinance, “Proposition M,†judgment is reversed with instructions to dismiss for lack of subject matter jurisdiction where plaintiffs lack standing.
[08/31] Coffill v. Coffill
In an appeal from a judgment of the district court dismissing plaintiff's action seeking to rescind two mortgages encumbering titles to her properties and other equitable relief for failure to state a claim, judgment is reversed where the court erred in concluding, without evidentiary hearing or basis, that delegation of power of attorney was effective as judicially corrected for what it saw as apparent scrivener's error.
[08/30] Hacienda Ranch Homes, Inc. v. Superior Court (Elissagaray)
In a petition for a writ of mandate seeking to vacate the trial court's denial of defendant's motion for summary judgment in an action to quiet title, petition is granted where there is no evidence that real-parties-in-interest ousted cotenants to establish adverse possession under a claim of right.
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