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Sea Lions May Not Make the Best Neighbors: Citizens for Odor Nuisance Abatement (CONA) v. City of San Diego et. Al.

Sea Lions May Not Make the Best Neighbors: Citizens for Odor Nuisance Abatement (CONA) v. City of San Diego et. Al.

By Jennifer Felten California is known for its beautiful coastline with miles and miles of beaches.  But not all beaches are as inviting as others.  The case of Citizens for Odor Nuisance Abatement (“CONA”) versus the City of San Diego (“City”) calls into question the habitability of one such beach known as La Jolla Cove.  […]

A New Year Means New Tax Laws

A New Year Means New Tax Laws

By Jennifer Felten Each New Year brings many changes.  January first of each year is when many new laws take effect and December 31 is when many old ones expire.  Below are just a few new tax laws that are being considered or recently passed for 2017 that relate to real property ownership. At the […]

Yes, HOA Can Sell Property for Delinquent Fees

Yes, HOA Can Sell Property for Delinquent Fees

By Jennifer Felten Howard Rich purchased a single-family residence at an execution sale.  The execution sale was conducted to satisfy a judgment against Yung-Shen Steven Lee.  Rich was a third-party purchaser.  The plaintiff and judgement creditor was Spyglass Hill Community Association, the HOA which managed the residence where Lee lived.  After the sale, the trial […]

Schellinger Brothers, et al. v. James F. Cotter — Can’t Break That Contract

Schellinger Brothers, et al. v. James F. Cotter — Can’t Break That Contract

By Jennifer Felten This case involves the attempted acquisition of a 21-acre parcel in Sebastopol for the purpose of subdivisions.  The parties entered into a sales contract in 1998.  Consummation of the contract was conditioned upon the buyer obtaining approval for their subdivision map and a lot line adjustment from the city of Sebastopol.  Due […]

Man transfers title to himself: City stuck trying to reclaim home of San Diego Padres

Man transfers title to himself: City stuck trying to reclaim home of San Diego Padres

By Jennifer Felten Case of the Month: People v. McQuaig The City of San Diego is learning the hard way that real estate fraud can be both a criminal matter and a civil matter. Apparently, in 2014 Derris McQuaig decided that he wanted to own Petco Park, the baseball stadium for the San Diego Padres. […]

California Approves Use of Transfer Upon Death Deed

California Approves Use of Transfer Upon Death Deed

In California, where property values are high, the cost to probate an estate for the transfer of a home is costly. As such, savvy homeowners take action to avoid such costs via trusts or via property ownership which includes a right of survivorship. Thanks to the Assembly Bill 139, which becomes effective on January 1, […]

New Water Heater Standards to Impact Homeowners

New Water Heater Standards to Impact Homeowners

By Jennifer Felten . In 1987, Congress enacted the National Appliance Energy Conservation Act (“NAECA”), which regulates energy consumption of specific household appliances. NAECA creates uniform efficiency standards for certain household appliances, including refrigerators, dishwashers, clothes washers, clothes dryers and water heaters. In 2010, the U.S. Department of Energy, pursuant to NAECA, issued a Final […]

HOA’s can create rules to limit vacation rentals–Real Estate Case of the Month

HOA’s can create rules to limit vacation rentals–Real Estate Case of the Month

By Jennifer Felten Oak Shores Community Association v. Robert C. Burlison, Jr. In this case a couple of owners in a homeowners association challenged some rules imposed by the association relative to limitations on short term leasing. This particular homeowners association, named Oak Shores Community Association, consists of 851 parcels of land. Six hundred sixty […]

Survey Finds That Millennials Want to Live In the Burbs

Survey Finds That Millennials Want to Live In the Burbs

By Jennifer Felten This month, the National Association of Home Builders published a survey about housing preferences for “millennials,” those born after 1977. The survey was designed to determine if this generation wanted to live in urban settings like downtown lofts, or if they had a preference to follow in the footsteps of the majority […]

Landlord fined big time for sexual harassment of tenant

Landlord fined big time for sexual harassment of tenant

By Jennifer Felten The court has held that a landlord’s sexual harassment of a tenant effectively denied the tenant housing in violation of the Fair Employment and Housing Act and the Unruh Civil Rights Act. The tenant had leased a bedroom in the landlord’s three bedroom apartment for a year. Within a week of the […]

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