California Case Summaries

Real Estate Law

Primary practice area

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

Citizens Against Marketplace Apartment/Condo Development v. City of San Ramon — Approval of Mixed-Use Infill Housing Project Was Consistent With City General Plan and Zoning

automatic / April 24, 2026

First District affirms approval of 44-unit mixed-use infill housing project on former shopping center site in San Ramon, holding that the project was consistent with the City's general plan and zoning ordinance and that aspirational planning language did not impose mandatory master plan requirements.

California Supreme Court, Administrative Law, Real Estate Law

Shear Development Co. v. California Coastal Commission — Courts Decide Coastal Commission Jurisdiction Independently, and the Commission Cannot Take Appeals Just Because a Site Allows Multiple Principal Uses

automatic / April 23, 2026

The California Supreme Court holds that courts must independently review whether the Coastal Commission has appellate jurisdiction over a local permit decision and that the Commission cannot exercise that jurisdiction merely because a site allows multiple principal uses.

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

Western Manufactured Housing Communities Assn. v. City of Santa Rosa — Penal Code Section 396 Rent Cap Locks Mobilehome Rents at Pre-Emergency Levels Throughout Declared Emergency

automatic / April 17, 2026

First District holds that Penal Code section 396's 10 percent emergency rent increase cap locks mobilehome rental prices at the amount authorized under the local rent control ordinance at the time of the emergency declaration, preventing landlords from stacking annual ordinance-based increases during multi-year emergencies.

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

Aerni v. RR San Dimas, L.P. — Civil Code Section 1940.1 Does Not Require Individualized Proof of “Primary Residence” for Class Certification

automatic / April 16, 2026

Second District reverses denial of class certification in 28-day shuffle case under Civil Code section 1940.1, holding that whether a hotel qualifies as a residential hotel turns on building-wide use patterns rather than individualized proof of each class member's primary residence.

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

The Retail Property Trust v. Orange County Assessment Appeals Board — COVID-19 Pandemic Restrictions Did Not Cause “Damage” Triggering Tax Reassessment Under Section 170

automatic / April 15, 2026

Fourth District holds that the COVID-19 pandemic and related government restrictions did not cause "damage" to the Brea Mall within the meaning of Revenue and Taxation Code section 170(a)(1), and that calamity reassessment requires actual physical damage to property.

5th District Court of Appeal, Litigation, Real Estate Law

Tulare Medical Center Property Owners Assn. v. Valdivia — CC&Rs Adopted by Public Entity Cannot Prohibit Abortion Clinics in Medical Common Interest Development

automatic / April 8, 2026

Fifth District holds that CC&Rs adopted by a public hospital district cannot be enforced to prohibit a clinic from providing abortion services because such enforcement would violate the California Constitution's reproductive freedom guarantee and Civil Code section 531.

3rd District Court of Appeal, Environmental Law, Real Estate Law

Department of Water Resources Cases — DWR may use precondemnation entry statutes to investigate properties without first authorizing or funding the underlying water project

automatic / March 26, 2026

Third District holds that the California Department of Water Resources may use the precondemnation entry statutes to investigate properties for a potential water conveyance project without first satisfying Water Code requirements for project authorization and funding.

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

Aerni v. RR San Dimas — Civil Code section 1940.1 ‘residential hotel’ showing does not require individualized proof that each plaintiff used the hotel as primary residence

automatic / March 25, 2026

Second District reverses denial of class certification in a Red Roof Inn 28-day shuffle case, holding that Civil Code section 1940.1 does not require each class member to prove individualized use of the hotel as their primary residence.

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

Ashirwad, LLC v. Bradbury — Tenant’s Post-Lease Payment During COVID Did Not Necessarily Create a Month-to-Month Tenancy Under Civil Code Section 1945

automatic / February 23, 2026

Fourth District affirms a bench-trial finding that commercial tenants rebutted Civil Code section 1945's presumption of month-to-month tenancy after their lease expired during COVID-19, where the tenants paid one month as a goodwill gesture and never agreed to continue.

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

Gerard v. Cuevas — Trial Court Abused Discretion by Imposing Terminating Sanction for Tenant’s Failure to Comply With Last-Minute Notice to Attend Trial

automatic / February 5, 2026

Los Angeles Appellate Division reverses an unlawful-detainer default judgment and terminating sanction, holding the trial court abused its discretion by retroactively shortening Code of Civil Procedure section 1987's 10-day notice period to 91 minutes and then striking the tenant's answer for not appearing.

1st District Court of Appeal, Environmental Law, Litigation, Real Estate Law

The Committee for Tiburon LLC v. Town of Tiburon — Program-Level CEQA EIR for General Plan Need Not Analyze Site-Specific Impacts of Listed Housing Sites

automatic / February 2, 2026

First District holds a program-level Environmental Impact Report for a local government's general plan update need not include site-specific environmental analysis of housing-element inventory sites where no actual housing project has been proposed.

Appellate Division (Superior Court), Labor & Employment Law, Litigation, Real Estate Law

De Paolo v. Rosales — Tenant Protection Act’s Just-Cause Provisions Do Not Apply When Resident Manager’s Tenancy Ends With Termination of Employment

automatic / January 27, 2026

Los Angeles Appellate Division affirms an unlawful-detainer judgment against a resident manager whose tenancy was tied to her employment, holding the Tenant Protection Act's 60-day notice and just-cause requirements do not apply where housing was provided as employment compensation under a written agreement.

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

Yeh v. Barrington Pacific — ICRAA’s $10,000 Statutory Damages Provide Standing Without Actual Injury, but UCL Standing Still Requires Concrete Loss

automatic / January 21, 2026

Second District holds that California's Investigative Consumer Reporting Agencies Act gives applicants standing to sue for $10,000 in statutory damages without proving actual harm, but Unfair Competition Law claims still require a concrete economic injury.

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

Mendocino Railway v. Meyer — Skunk Train Operator Qualifies as a Public Utility With Eminent-Domain Authority

automatic / January 7, 2026

First District reverses a trial-court ruling that the Mendocino Railway (operator of the Skunk Train) was not a public utility, holding that the railroad's federal common-carrier status and demonstrated freight and passenger service make it a public utility entitled to exercise eminent domain.

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