• Second District Court of Appeal Holds that Easement by Necessity Need Not Be over Previously Established Route, or the Most Accessible One

• Broker Denied Commission Is Allowed to Proceed With Case Against Non-Signing Owners

• Where Broker Acts as Dual Agent, Listing Agent Owes Equivalent Fiduciary Duty to Buyer

• “Buyer/Tenant” Beware: Purchase Contract May Include Lease Agreement

• Interfere With Your Neighbor’s Trees, Be Prepared to Restore Them And Pay Money Damages Times Three

• Appellate Court Slams Scofflaw Tenant for Bogus Anti-SLAPP Motion

• Ninth Circuit Confirms Old Adage in Home Buyer’s Rescission Action: “He Who Hesitates Is Lost”

• Courts May Not Consider Prejudice to Liable Party in Granting Rescission of Purchase Contract

• Physical Division of Property Does Not Necessarily Equate to Division Under the Subdivision Map Act

• Homeowners Were Not Liable, This Time, for Injury Sustained by Employee of Their Unlicensed, Uninsured Contractor

• Court Liens Away From Coverage in Title Insurance Case

• Damages for Wrongful Foreclosure Not Necessarily Limited to Lost Equity

• Whether an Issue Is Arbitrable Is Determined Solely by Language in Arbitration Agreement

• No Duty to Disclose Claim of Easement to Prospective Purchaser of Adjacent Property

• First District Court of Appeal Takes A Bit of the Bite Out of the Merger Doctrine

• Under Right to Repair Act, Builder Must Timely Respond to Homeowner’s Notice of Claim Despite Inadequate Specificity of Alleged Defects

• SB800 Right to Repair Act Determined to Be Exclusive Remedy for Residential Construction Defect Cases

• Actual Damage of Agricultural Property Needed for Award of Attorneys’ Fees in Trespass Case

• There Oughta Be a Law (And There is) – Anti-SLAPP 20 Years On

• Court Expands Reach of Fiduciary Duty Law to Include Third Parties Aiding and Abetting

• BRE Wrongfully Denies Broker’s License to Applicant Who Established Rehabilitation After Fraud Conviction

• Intermittent Possession Puts Owner On Notice Of Prescriptive Easement

• Court Confirms Privilege Between Title Insurer, Insured and Attorney

• No Exception: General Contractor Not Responsible for Sub’s Injuries

• Construction Lenders Cannot Circumvent Stop Payment Notices

• Equitable Indemnity Claim Did Not Arise Until Claimant Aware of Grounds

• Lis Pendens Insufficient to Bind Assignee Bank on Quiet Title Judgment

• Servient Tenement Owner’s Refusal to Authorize Necessary Improvements to Access Road Was Interference With Easement

• Strict Adherence to Lease Not Required Where Counsel Instructs Otherwise

• Commercial Lease Allowed Only One Extension of Term Absent Clear and Explicit Language Granting Perpetual Extensions

• Listing Agent and Property Owner Have Duty to Notify Visitors of Concealed Dangerous Condition of Which Agent Has Actual or Constructive Knowledge

• Real Estate Agent’s Fraud Cannot Be Imputed to Broker for Exception to Bankruptcy Discharge, Unless Broker Knew or Should Have Known of the Fraud

• Right to Repair Act Requires Notice to Builder Prior to Repair of Damage

• Right to Repair Act Not Exclusive Remedy Where Construction Defects Cause Actual Damages

• Sellers Required to Provide Transfer Disclosure Statements to Buyers of Mixed-Use Properties

• Buyer Sufficiently Alleged That Purchase Agreement Provision Calling for Nonrefundable Deposit Was Unenforceable

• Scope of Easement Limited to Historical Use

• Listing Broker Not Liable to Buyer for Validity of Outdated Geologist’s Report

• Subcontractor Without California License Not Barred From Collecting For Work On Federal Project

• Not a Riddle – When is a Non-navigable River Navigable?

• Purchasers (Sometimes) Have Only Two Years to Sue Brokers and Agents