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This decision upholds Palm Springs' ordinance allowing short term rentals of dwellings in areas designated for residential use under its zoning ordinance.  The decision first points out that even if the short term rental ordinance conflicted with the zoning ordinance, it would not be invalidated as a result.  Both ordinances were enacted by the same city council and have the… Read More

Defendant bought the property adjacent to plaintiff's property and improved the purchased property with a drip-irrigated walnut orchard.  A strip of land on defendant's side of the fence between the two properties was actually plaintiff's property.  After defendant completed the orchard improvements, plaintiff sued for trespass on that strip of land and sought an injunction requiring defendant to restore the… Read More

Plaintiff owner of a gated residential community sued defendant, a private water company, for repeated failures of a 12-inch water main that defendant constructed at plaintiff's request to serve two fire hydrants in the development as well as the domestic water needs of the residents.  This decision affirms the defense judgment.  The inverse condemnation claim failed because the water main… Read More

The trial court abused its discretion in dismissing this action as a sanction under CCP 128.7 on the ground that there was no reasonable ground for thinking it was not barred by the statute of limitations.  The action sought to quiet title to the property that the plaintiff had purchased in 2008 with knowledge of prior agreements purportedly assigning "coverage… Read More

A grant deed cannot be delivered to the grantee conditionally.  Delivery to the grantee, or to his agent as such, is necessarily absolute, and the instrument takes effect on delivery, discharged of any condition on which the delivery was made, unless the condition is stated in the deed itself.  Here, before their divorce, wife delivered grant deeds to two properties… Read More

In a quiet title action, if summons is served by publication, the published notice must describe the property at issue, giving either or both of its street address or legal description.  (CCP 763.,020.)  Here, the published notice gave only the assessor's parcel number.  As the notice did not comply with the statute, it was insufficient; so the default of the… Read More

Wife executed will that purported to sever joint tenancy ownership of real property held in the name of wife and husband.  The will directed that wife's estate be distributed equally to her five children.  Husband never probated wife's will after her death, and his will and trust distributed his estate to three of wife's five children who were his biological… Read More

Under Civil Code 4740(a), an amendment to CC&Rs prohibiting the leasing or rental of units within a common interest development are not effective against those who acquired  their ownership of property within the development before the amendment was adopted.  This decision holds that the section applies to an amendment banning short-term rentals or leases, not just provisions that ban all… Read More

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