Real Estate Law

1st District Court of Appeal, Constitutional Law, Real Estate Law, Tax (non-estate)

Debbane v. City and County of San Francisco — Ellis Act Preempts Proposition M Vacancy Tax

automatic / September 11, 2026

The Court of Appeal held San Francisco’s Proposition M vacancy tax preempted because it penalized residential owners for exercising the Ellis Act right to leave the rental business.

Ninth Circuit Court of Appeals, Administrative Law, Constitutional Law, Real Estate Law

Powers v. McDonough — Ninth Circuit Declines En Banc Review of West Los Angeles Veterans Housing Ruling

automatic / September 11, 2026

The Ninth Circuit left standing a panel ruling concerning disability claims and supportive housing for homeless veterans at the VA’s West Los Angeles campus, over a lengthy dissent from denial of rehearing en banc.

2nd District Court of Appeal, Litigation, Real Estate Law

Universal Shopping Plaza v. Hong — Landlord Cannot Base Three-Day Eviction Notice Entirely on Rent More Than One Year Old

automatic / September 9, 2026

The Court of Appeal reversed and directed judgment for the tenant. A landlord cannot invoke the expedited unlawful-detainer remedy when the entire rent default identified in the notice arose more than one year earlier. Contractual payment-allocation language did not restart or evade the statutory window.

3rd District Court of Appeal, Business Transactions, Litigation, Real Estate Law

Urban Sunrise v. Vogt — Dual Agents Defeat Fiduciary Claims Over Failed Commercial Property Deals

automatic / September 4, 2026

The Third District upheld summary judgment for dual real-estate agents because the buyer failed to produce a triable issue on the fiduciary breaches it pleaded.

4th District Court of Appeal, Administrative Law, Real Estate Law

Parsons v. City of Indian Wells — City may let common-interest communities opt out of short-term-rental limits

automatic / August 31, 2026

Indian Wells may let qualifying common-interest communities opt out of its short-term-rental minimum because the program neither amends HOA documents nor delegates core lawmaking power.

1st District Court of Appeal, Construction Law, Personal Injury & Tort, Real Estate Law

Schurman Family Company TIC v. Superior Court — Landlord Was Protected by Privette Delegation

automatic / August 26, 2026

A warehouse owner was protected by the Privette doctrine because its lease placed it upstream in the chain delegating the work and workplace safety to contractors.

2nd District Court of Appeal, Civil Procedure, Litigation, Real Estate Law

Buchheim v. Anaya — Unsupported Belief Cannot Defeat Objective Proof of Loan Repayment

automatic / August 25, 2026

The Court of Appeal held that unsupported assertions of nonpayment could not create a triable issue against admitted escrow records showing that a consolidated real-estate loan was repaid.

California Supreme Court, Administrative Law, Litigation, Real Estate Law

Town of Apple Valley v. Apple Valley Ranchos Water — courts independently review utility takeovers

automatic / August 24, 2026

The California Supreme Court held that courts independently weigh challenges to public acquisitions of privately owned utility property.

1st District Court of Appeal, Business Transactions, Litigation, Real Estate Law

Nasey v. Fell Holdings LLC — Contract addenda placed failed property-closing risks on buyer

automatic / August 10, 2026

A buyer who agreed to an all-cash, no-contingency repurchase could not use disclosure and inspection arguments to excuse missing the closing deadline.

2nd District Court of Appeal, Administrative Law, Environmental Law, Real Estate Law

New Commune DTLA v. Redondo Beach — Builder’s remedy did not override a certified coastal plan

automatic / July 30, 2026

A proposed housing project in Redondo Beach’s coastal zone could be denied because it conflicted with the city’s Coastal Commission-certified local coastal program.

2nd District Court of Appeal, Collections & Creditor Rights, Litigation, Real Estate Law

8451 Melrose Property, LLC v. Akhtarzad — Undisclosed Partners Added to an Eight-Figure Lease Judgment

automatic / July 23, 2026

A Court of Appeal upheld adding members of an undisclosed family partnership and its leasing corporation to a commercial landlord's eight-figure judgment under Code of Civil Procedure section 187.

4th District Court of Appeal, Civil Procedure, Litigation, Real Estate Law

Eagle Colton 55 v. City of Colton — Anti-SLAPP motion defeats claims barred by Government Claims Act

automatic / July 21, 2026

Anti-SLAPP motion defeats claims barred by Government Claims Act.

1st District Court of Appeal, Civil Procedure, Litigation, Real Estate Law

Quinn v. Coulton — Lateral-support strict liability requires excavation, and joint settlement offers need unified interests

automatic / July 20, 2026

Strict liability for loss of lateral support requires excavation, and a joint section 998 offer cannot shift expert fees without a proven unity of interest.

4th District Court of Appeal, Civil Procedure, Probate, Real Estate Law

Grimberg v. Pour — Lis Pendens Orders in Probate Proceedings Are Not Appealable

automatic / July 17, 2026

California’s Fourth District Court of Appeal holds that orders authorizing lis pendens recordings in probate proceedings are not appealable—the exclusive remedy is a petition for writ of mandate filed within 20 days of the order.

2nd District Court of Appeal, Constitutional Law, Litigation, Real Estate Law

Ventura Harbor Restaurant Associates v. Ventura Port District — Percentage Rent in Government Lease Is Not a Tax Under Proposition 26

automatic / July 9, 2026

California's Second District Court of Appeal holds that a percentage-of-gross-income rent clause in a public port district's commercial lease is neither a voter-approval tax under Proposition 26 nor an unconstitutional regulation of alcohol sales.

1st District Court of Appeal, Administrative Law, Constitutional Law, Real Estate Law

City of Clearlake v. Highlands Mutual Water Co. — Statute Requiring Cancellation of Public Entity’s Water Company Shares Is Constitutional

automatic / July 7, 2026

The First District holds that Corporations Code section 14300's mandatory cancellation of a public entity's appurtenant water company shares does not violate the California Constitution's limited exception permitting public entities to hold such shares.

1st District Court of Appeal, Civil Procedure, Litigation, Real Estate Law

County of Del Norte v. Britt — Homeowners Wrongly Named in Housing Receivership Can Recover Attorney Fees from the County

automatic / June 11, 2026

When a county names the relatives of a deceased property owner in a housing receivership proceeding and then fails to establish their liability, those relatives are entitled to recover attorney fees from the county under Health and Safety Code section 17980.7(c)(11), which overrides the older, more general bar on cost awards against municipalities.

1st District Court of Appeal, Family Law, Real Estate Law

Marriage of McConnell & Jahnke — Awarding a Home ‘and All Debts Thereon’ Does Not Require Removing Ex-Spouse from Mortgage

automatic / June 5, 2026

The First District holds that a divorce settlement awarding one spouse the marital home 'and all debts thereon' does not implicitly require removing the other spouse from the mortgage, reinforcing that such obligations must be explicitly stated.

Ninth Circuit Court of Appeals, Litigation, Real Estate Law

Coffey v. Fast Easy Offer — Ninth Circuit Broadens TCPA Telephone Solicitation Definition to Include Indirect Sales Pitches

automatic / June 4, 2026

The Ninth Circuit reversed dismissal of a TCPA class action, holding that unsolicited calls asking homeowners if they want to sell their property qualify as telephone solicitations because the caller's underlying purpose was to encourage the purchase of real estate brokerage services.

1st District Court of Appeal, Administrative Law, Constitutional Law, Real Estate Law

Hiller v. Marin Municipal Water District — Ratepayer’s Proposition 218 Challenge Barred by Validation Statutes After Failure to Respond to District’s Validation Action

automatic / June 2, 2026

First District holds that a ratepayer’s Proposition 218 challenge to water rates is permanently barred after she failed to participate in the water district’s validation action within the 120-day window set by Government Code section 53759.

Appellate Division (Superior Court), Litigation, Real Estate Law

SVF Grosvenor Del Rey Corp. v. Schwarz — Eviction Notice Invalidated for Omitting Contact Name and Phone Number in Mail Payment Option

automatic / May 27, 2026

The Appellate Division holds that a three-day pay-or-quit eviction notice is void where the mail payment option lists only a “leasing office” without the name and telephone number of a specific person, as required by Code of Civil Procedure section 1161(2).

Appellate Division (Superior Court), Litigation, Real Estate Law

Colonial Manor v. Reyes — Surviving Spouse Protected by Santa Monica Rent Control Despite Costa-Hawkins

automatic / May 19, 2026

The Appellate Division held that a surviving spouse who lived in a Santa Monica rent-controlled apartment with the original tenant was an implied at-will tenant protected by the city's rent control charter, and that Costa-Hawkins did not preempt those local protections.

Appellate Division (Superior Court), Family Law, Real Estate Law

Colonial Manor v. Reyes — Surviving Spouse Protected by Rent Control After Original Tenant’s Death, Costa-Hawkins Does Not Preempt

automatic / May 15, 2026

The Appellate Division of LA Superior Court affirmed judgment for a surviving spouse in an unlawful detainer action, holding she was an implied at-will tenant protected by Santa Monica rent control, and that Costa-Hawkins did not preempt the city’s 425% rent increase prohibition.

2nd District Court of Appeal, Litigation, Real Estate Law

Apartment Assn. v. City of Los Angeles — Court Upholds LA Eviction Threshold but Strikes Down Relocation-Assistance Mandate

automatic / May 14, 2026

The Second District upheld LA's post-COVID eviction-threshold ordinance as a valid exercise of city police power, but struck down its relocation-assistance mandate as preempted by the Costa-Hawkins Act.

4th District Court of Appeal, Litigation, Real Estate Law, Tax (non-estate)

Waterford Property Co. v. County of Orange — Declaratory Relief Claim Against Tax Assessor Arises from Protected Speech Under Anti-SLAPP Statute

automatic / May 11, 2026

Fourth District holds that a property company’s declaratory relief claim challenging tax assessments arose from the county assessor’s protected speech and petitioning under the anti-SLAPP statute, reversing the trial court’s denial of the county’s motion to strike.