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Plaintiff alleged that before he entered into a HELOC in 2005, the lender orally promised him that its maturity in ten years, the lender would refinance the loan or extend its term.  The lender didn't and foreclosed instead when the plaintiff didn't repay all amounts due at maturity of the loan.  Held:  (1) The statute of frauds barred plaintiff's breach… Read More

Plaintiffs bought some real property from Guillermo Guerrero.  LBS had recorded an abstract of judgment against the same person but under the name Wilbert G. Guerrero.  This decision holds that plaintiffs, who had no actual knowledge of LBS' judgment lien also had no constructive knowledge of the lien since a regular search of the grantor-grantee indices for the name under… Read More

Under Gov. Code 66498.1,  a local agency’s approval of a vesting tentative map confers upon a developer the right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vested tentative map is approved.  Here, the city approved the developer's vesting tentative map before its citizens passed an initiative measure that… Read More

Under Civ. Code 2924.15, HBOR's provisions apply only to owner-occupied properties.  But the section goes on to define "owner-occupied" as property that is the borrower's principal residence and security for a loan made for consumer purposes.  This decision reads the definition literally, holding that so long as the property is the borrower's principal residence, HBOR's provisions apply even if the… Read More

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

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