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Recent Cases
New Legislation
-Dedications-
Where county regional park and open space district acquired real property for recreational purposes under Article 3 of Public Resources Code but took no affirmative action to dedicate property to such use, property was nonetheless "dedicated" for park and open space purposes pursuant to Sec. 5565 at time of acquisition, and district’s attempts to convey property were subject to constraints of Sec. 5540.
Ste. Marie v. Riverside County Regional Park and Open Space District - filed November 13, 2007, Fourth District, Div. Two
Cite as 2007 SOS 6637
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-Real Estate Brokers-
Evidence that real estate agent working for defendant, a licensed broker, was aware of defects in property purchased by plaintiffs; that plaintiffs were represented in the purchase by another agent working for defendant; that plaintiffs were under erroneous impression that that first agent represented sellers, rather than being an associate of their agent; that plaintiffs, based on that misimpression, presented an offer to first agent, who passed it along to seller's agent; that first agent did not tell plaintiffs or his associate about the defects prior to close of escrow; that plaintiffs first became aware of the defects following rains that occurred a month after they moved in; and that first agent later admitted that he had inspected the premises before they were listed for sale and had noticed the defects at that time was sufficient to establish prima facie case of negligent failure to disclose. Erroneous dismissal of cause of action for negligent failure to disclose was prejudicial, even though jury rejected plaintiffs' claims for fraudulent concealment and breach of the duty to inspect and disclose under Civil Code Sec. 2079, since defendant may have breached its fiduciary duty to disclose material information in its possession even if the defects were not visible during the statutorily required inspection and did not need to be disclosed under Sec. 2079, and even if there was no intent to defraud.
Michel v. Palos Verdes Network Group, Inc. - filed October 1, 2007, Second District, Div. Eight
Cite as 2007 SOS 6481
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-Real Property Litigation-
Statute of limitations in federal Quiet Title Act, providing that any action is barred unless commenced within 12 years of date plaintiff or predecessor in interest knew or should have known of claim of United States, is jurisdictional. Oil and gas exploration company’s 2004 quiet title action was time-barred where company’s predecessor, the State of Montana, knew or should have known of United States’ claim resulting from 1926 congressional act.
Fidelity Exploration and Production Company v. United States - filed November 6, 2007
Cite as No. 06-35307
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-Rent Control-
Substantial evidence supported hearing officer’s denial of special adjustment where owner failed to rebut presumption that adjustments regularly provided for by ordinance provided sufficient rate of return on mobile home park investment.
TG Oceanside, L.P. v. City of Oceanside - filed October 19, 2007, publication ordered November 16, 2007, Fourth District, Div. One
Cite as 2007 SOS 6732
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