Entries by Peterson, Martin & Reynolds LLP

Intermittent Possession Puts Owner On Notice Of Prescriptive Easement

Intermittent Possession Puts Owner On Notice Of Prescriptive Easement – Jonathan Finke   In 1960, Fred and Viola Fluckiger purchased their home in a quiet neighborhood outside of Los Angeles. Shortly thereafter, they poured a concrete driveway partially encroaching on their neighbor’s property. The Kings subsequently purchased the property from the Fluckigers in 1994 and […]

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

Aurora Loan Services owned a foreclosed residence in Lafayette and retained Rockville Realty as the listing broker. The home had an attic that was converted into a “bonus room” with a pull-down stairway ladder hinged with metal brackets. Hall, a real estate agent showing the home to a prospective buyer, fell and was injured when […]

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

Servient Tenement Owner’s Refusal to Authorize Necessary Improvements to Access Road Was Interference With Easement– Angela J. Okamura   Plaintiff Flora Dolnikov purchased undeveloped property in the Hollywood Hills. The property had an existing recorded easement running with the land for access by way of the adjacent parcel, or servient property.  After obtaining permits from […]

Equitable Indemnity Claim Did Not Arise Until Claimant Aware of Grounds

In Centex Homes, the Homeowners’ association (HOA) brought action against builder for violations of various statutory building standards. Builder moved for leave to file a cross-complaint against city for, among other things, equitable indemnification. City argued that builder’s claim for equitable indemnity was untimely. The trial court agreed and dismissed the claim against city; the […]

Construction Lenders Cannot Circumvent Stop Payment Notices

Construction Lenders Cannot Circumvent Stop Payment Notices – Jonathan H. Finke   Point Center Financial, Inc., served as a construction lender for a condominium project in San Diego, California. Included in lender’s construction funds were loans obtained from third-party investors, from which lender prepaid itself interest, loan underwriting and other fees totaling over $1.5 million. […]