REAL ESTATE / EASEMENTS

Investors purchased property used for boarding horses with the understanding that a retired couple would lease it from them for a year and buy it during lease period upon the sale of their nearby home. Couple realized that much work was needed to make house on property habitable and made six-figures worth of improvements to the property. Couple's home ultimately could not be sold within the year and backed out of deal and vacated property. Investors sought over $100k in monthly rent. Couple wanted that amount offset by cost of improvements.

Contract for lease of 50,000 square ft. within larger warehouse at $50k per month. Dispute arose over exact contiguous footage and access points available to tenant. Claims of fraud, breach of contract, negligent and misrepresentation alleged.

Plaintiff brought action against her former husband and her former-mother-in-law, a real estate agent, following a series of real estate transactions. She alleged that money she obtained from her father to be used for the purchase of home in Malibu was diverted and the subject property was never put in her name. Mother-in-law sold multi million-dollar homes and was very concerned about bad publicity.

Plaintiff was owner and landlord of property on Wilshire Blvd. in Beverly Hills. Defendant was assignee of ground lease of property on which a ten-story office building had been constructed. The parties agreed to an extension of the lease that exceeded 99 years, arguably in violation of a statute. Plaintiff filed an action for quiet title, cancellation of written instrument and declaratory relief.

TV sitcom actor in Hollywood Hills sought exclusive use of portion of easement that is directly next to his living room and down a steep hill from servient estate. Servient tenement sought full access to area to use deck, seating area and barbecue grill built by previous owner of dominate estate. Claims included interference with easement, trespass, private nuisance and request for injunctive relief.

Non-profit health organization sought quiet title by adverse possession of portion of road that leads to its parking lot. Road also leads to several home sites. Local homeowners sought prescriptive and equitable easements and easement by implication.

Eminent domain action filed by Plaintiff, a joint powers authority created to acquire property for construction of railroad underpasses for Alameda Corridor. Permanent and temporary easements were sought on property with existing apartment building. Plaintiff alleged that the easements were necessary to mitigate the impacts of significant, anticipated increases in rail traffic.

Four sisters, all elderly, held title as tenants in common of mother’s home. One sister claimed life estate based on handwritten document and fact that she was only sister who cared for mother. Partition action and fraud claims.

Elderly women who became homeless after the sale of her house brought an action against numerous defendants, including purchaser for value, for damages and injunctive relief based on alleged wrongful foreclosure.

Foreclosure and breach of contract action brought by plaintiff/holder of deed of trust. Defendant claimed deed of trust unenforceable because plaintiff was not a licensed mortgage lender and his agent, who worked on residential property, was an unlicensed contractor.

“Lot cut” dispute arose when real estate investors bought residential lot with two single family dwellings, but one parcel assessor number property. City asserted that lot was within jurisdiction of Housing and Community Investment Department and Rent Stabilization Ordinance despite line drawn in pencil by engineering department that bisected lot.

Commercial landlord brought breach of contract and negligence action against former tenant/restaurateur who allegedly moved out months before end of lease and took fixtures which should have remained on the premises per the lease. Defendant claimed that he had not exercised option to extend lease.

Defendant bought property with deck and fence already built. Two years later, neighbor obtained survey showing significant encroachment on her property and learned deck was built without permit. Quiet title action with nuisance and trespassing claims.

Homeowner sought to quiet title to an express drainage easement of adjoining neighbor’s property and claimed damages form defendant’s improvements.

Fences and cameras on adjoining neighbor’s property allegedly violated height and fire safety ordinances and resulted in loss of privacy and enjoyment of property.

Mother deeded her home to daughter and “informally” retained life estate. Daughter and mother had a series of arguments and daughter later quitclaimed property to her father and mother’s ex-husband. Mother sought recission, return of conditional gift and quiet title.