Real Estate Cases
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Real Estate

1st District Court of Appeal
Uncategorized

Western Manufactured Housing Communities Assn. v. City of Santa Rosa — Penal Code Section 396 Rent Cap Locks Mobilehome Rents at Pre-Emergency Levels Throughout Declared Emergency

First District holds that Penal Code section 396’s 10 percent emergency rent increase cap locks mobilehome rental prices at the amount authorized under the local rent control ordinance at the time of the emergency declaration, preventing landlords from stacking annual ordinance-based increases

2nd District Court of Appeal
Uncategorized

Aerni v. RR San Dimas, L.P. — Civil Code Section 1940.1 Does Not Require Individualized Proof of “Primary Residence” for Class Certification

Second District reverses denial of class certification in 28-day shuffle case under Civil Code section 1940.1, holding that whether a hotel qualifies as a residential hotel turns on building-wide use patterns rather than individualized proof of each class member’s primary residence.

4th District Court of Appeal, Division Three
Uncategorized

The Retail Property Trust v. Orange County Assessment Appeals Board — COVID-19 Pandemic Restrictions Did Not Cause “Damage” Triggering Tax Reassessment Under Section 170

Fourth District holds that the COVID-19 pandemic and related government restrictions did not cause “damage” to the Brea Mall within the meaning of Revenue and Taxation Code section 170(a)(1), and that calamity reassessment requires actual physical damage to property.

5th District Court of Appeal
Uncategorized

Tulare Medical Center Property Owners Assn. v. Valdivia — CC&Rs Adopted by Public Entity Cannot Prohibit Abortion Clinics in Medical Common Interest Development

Fifth District holds that CC&Rs adopted by a public hospital district cannot be enforced to prohibit a clinic from providing abortion services because such enforcement would violate the California Constitution’s reproductive freedom guarantee and Civil Code section 531.

3rd District Court of Appeal
Uncategorized

Department of Water Resources Cases — DWR may use precondemnation entry statutes to investigate properties without first authorizing or funding the underlying water project

Third District holds that the California Department of Water Resources may use the precondemnation entry statutes to investigate properties for a potential water conveyance project without first satisfying Water Code requirements for project authorization and funding.

2nd District Court of Appeal
Uncategorized

Aerni v. RR San Dimas — Civil Code section 1940.1 ‘residential hotel’ showing does not require individualized proof that each plaintiff used the hotel as primary residence

Second District reverses denial of class certification in a Red Roof Inn 28-day shuffle case, holding that Civil Code section 1940.1 does not require each class member to prove individualized use of the hotel as their primary residence.

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