Real Estate Law

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

County of Sacramento v. NKS Real Estate Holdings — Building accessory dwelling unit without a permit is a per se public nuisance enforceable by the county

automatic / March 20, 2026

Third District affirms that building and occupying an accessory dwelling unit in Sacramento County without a building permit is a public nuisance per se enforceable through injunctive relief, regardless of whether construction is complete.

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

360 So Reeves v. Dutton — Tenant bears the burden of proving landlord’s noncompliance with Civil Code section 1962 disclosures

automatic / March 20, 2026

Los Angeles Appellate Division holds that noncompliance with Civil Code section 1962 is an affirmative defense for which the tenant bears the burden of proof in a residential unlawful detainer action.

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

Montecito Country Club v. Root — Recorded golf cart easement is not abandoned by rerouting and can be expanded by prescription to include hedge maintenance

automatic / March 6, 2026

Second District holds that a recorded golf cart easement was not abandoned when the country club rerouted the path and that the easement was prescriptively expanded to include hedge and landscaping maintenance.

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

Las Posas Valley Water Rights Coalition v. Ventura County Waterworks — Comprehensive groundwater adjudication and physical solution affirmed against landowner objections

automatic / March 5, 2026

Second District affirms a comprehensive adjudication of the Las Posas Valley Groundwater Basin, upholding the trial court's physical solution allocating water to overlying landowners and appointing Fox Canyon as watermaster.

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.

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

Californians for Homeownership v. City of La Habra — City Manager May Adopt Housing-Element Revisions Without Additional Public Hearing

automatic / January 16, 2026

Fourth District affirms denial of writ relief in a Housing-Element Law challenge, holding that subsequent draft revisions made to obtain HCD certification need not be re-noticed for public hearing or readopted by the City Council.

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.

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

Ruffier v. Volcano Hills Road Maintenance Association — HOA Board Could Not Quintuple Annual Assessment Without Required Member Vote

automatic / January 6, 2026

Third District holds a small road-maintenance HOA's board exceeded its authority when it raised parcel assessments fivefold without obtaining the majority-of-a-quorum member vote required by the Davis-Stirling Act and the association's governing documents.