Real Property Case Summary Updates

December 2019

By Monty McIntyre

California Case Summaries™ (https://californiacasesummaries.mykajabi.com)
Monty A. McIntyre, Esq. is the publisher of California Case Summaries™. Monty hasbeen a California civil trial lawyer since 1980, a member of ABOTA since 1995, and currently works as a full-time mediator, arbitrator and referee with ADR Services, Inc. (ADR) in ADR’s offices in San Diego, Irvine, and Los Angeles. California Case Summaries™provides short summaries, organized by legal topic, of every new published civil and family law case so California lawyers can easily and affordably keep up with the new case law in their practice areas. Monthly, quarterly and annual subscriptions are available.  

CALIFORNIA COURTS OF APPEAL

Government

Anderson v. City of San Jose (2019)_ Cal.App.5th _ , 2019 WL 6317875: The Court of Appeal reversed the trial court’s order sustaining defendant’s demurrer, without leave to amend, to plaintiffs’ petition for a writ of mandate and complaint for declaratory and injunctive relief seeking to overturn respondent’s adoption of Policy 7-13 stating, in part, that respondent was not required to follow the modified provisions of the Surplus Land Act (the Act; Government Code, sections 54220-54233) regarding the sale of surplus real property. The Act advances state land use policy objectives by mandating a uniform approach to the disposition of local government land that is no longer needed for government use. By requiring municipalities to prioritize surplus land for the development of low- and moderate-income housing, the statute addresses the shortage of sites available for affordable housing development as a matter of statewide concern. The statute narrowly tailors the restrictions on local government to avoid unnecessary interference in the locality’s affairs and meets the test for statewide preemption. While a city’s process for disposing of surplus city-owned land is typically a municipal affair, respondent’s Policy 7-13 had to yield to the state law. (C.A. 6th, November 26, 2019.)

Landlord – Tenant

Chen v. Lin (2019)_ Cal.App.5th Supp. _ , 2019 WL 6341283: The Appellate Department of the Los Angeles Superior Court reversed the trial court’s ruling that defendant had waived her right to a jury trial, and its later judgment for plaintiff following a bench trial. A tenant in an eviction action cannot be deprived of the right to jury for failing to comply with a court order requiring preparation of proposed jury instructions and other trial documents and not “meeting and conferring” with the landlord’s lawyer. (Appellate Department of the Los Angeles Superior Court, November 27, 2019.)

Real Property

Leiper v. Gallegos (2019)_ Cal.App.5th _ , 2019 WL 6166276: The Court of Appeal affirmed, but modified, the trial court’s judgment in a quiet title action holding that a tax deed for the sale of Ventura River Lot 7 did not convey the right to receive royalties on a 1939 oil and gas lease. While plaintiff is the surface owner to Lot 7, he does not now own an interest in the oil and gas under Lot 7. However, the judgment was modified to state that, upon termination of the oil and gas lease, any remaining oil and gas rights described in the 1939 Memorandum of Oil and Gas Lease would revert to the surface owner. (C.A. 2nd, November 20, 2019.)