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As a condition of subdivision map approval and an encroachment permit in 1989, Prout agreed to dedicate to the state a 20 foot-wide strip of land along the side of his subdivision-to-be where it abutted a public highway, so he could not later sue for inverse condemnation when CalTrans used the strip to expand the adjoining highway two decades later. Read More

For non-coastal lands, public use alone, no matter how prolonged, cannot by itself create a public dedication of private lands; rather there must be an express irrevocable offer of dedication by the owner and its acceptance by the pertinent public authority. Read More

A provision in a homeowners' association's covenants, conditions, and restrictions that banned "any business or commercial activity" did not prevent a homeowner from maintaining a vineyard on his property, since the CC&R in question should be interpreted to promote its evident purpose of maintaining the residential character of the neighborhood, not so as to impose any added restrictions not needed… Read More

An easement providing the grantee with access, ingress, and egress to vehicles and pedestrians over a ten-foot wide strip of property is sufficiently definite so as not to be limited to its historic limited use, but rather may be used in any reasonable manner, including for future developments that may increase use of the easement without unduly burdening it. Read More

Plaintiff borrowers declaration that he did not recall receiving thirty or more telephone calls with servicer prior to recordation of a notice of default on his mortgage loan did not suffice to create a triable issue of fact as to whether those contacts had taken place since he did not deny that they happened. Read More

A homeowner association’s recorded CC&Rs, which contained a provision granting the association a first-priority lien on an adjoining golf course if for maintenance fees the association paid after the course's owner failed to do so, gave association’s lien priority over a mortgage that was recorded after the CC&Rs but before the fees were paid. Read More

Homeowners association could not invoke the Davis-Stirling Act to pursue claims in its own name without joining its individual owners since that Act only applies if the homeowners have mutual or reciprocal easements appurtenant to their separate interests (which was not true in this case). Read More

Homeowners association could not invoke the Davis-Stirling Act to pursue claims in its own name without joining its individual owners since that Act only applies if the homeowners have mutual or reciprocal easements appurtenant to their separate interests (which was not true in this case). Read More

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