Case Neil Galpin v. Cantina Holdings, LLC, and Clay Butte Holdings, LLC Court North Dakota Supreme Court Judge Tufte (elected
Fourth District affirms a bench-trial finding that commercial tenants rebutted Civil Code section 1945’s presumption of month-to-month tenancy after their lease expired during COVID-19, where the tenants paid one month as a goodwill gesture and never agreed to continue.
Los Angeles Appellate Division reverses an unlawful-detainer default judgment and terminating sanction, holding the trial court abused its discretion by retroactively shortening Code of Civil Procedure section 1987’s 10-day notice period to 91 minutes and then striking the tenant’s answe
First District holds a program-level Environmental Impact Report for a local government’s general plan update need not include site-specific environmental analysis of housing-element inventory sites where no actual housing project has been proposed.
Los Angeles Appellate Division affirms an unlawful-detainer judgment against a resident manager whose tenancy was tied to her employment, holding the Tenant Protection Act’s 60-day notice and just-cause requirements do not apply where housing was provided as employment compensation under a wri
Second District holds that California’s Investigative Consumer Reporting Agencies Act gives applicants standing to sue for $10,000 in statutory damages without proving actual harm, but Unfair Competition Law claims still require a concrete economic injury.
Fourth District affirms denial of writ relief in a Housing-Element Law challenge, holding that subsequent draft revisions made to obtain HCD certification need not be re-noticed for public hearing or readopted by the City Council.
The court dismissed a pro se tenant’s Fair Housing Act sex-discrimination and § 1985 civil-rights conspiracy claims against the owners and managers of her San Diego apartment building, finding her allegations of gender-based animus conclusory and contradicted by her own pleading.
First District reverses a trial-court ruling that the Mendocino Railway (operator of the Skunk Train) was not a public utility, holding that the railroad’s federal common-carrier status and demonstrated freight and passenger service make it a public utility entitled to exercise eminent domain.
The court denied a self-represented dentist’s emergency motion to block his landlord from terminating a 21-year tenancy and pursuing state unlawful-detainer proceedings, finding that his § 1983 and ADA claims could not satisfy the most-important Winter factor — likelihood of success on the mer
Third District holds a small road-maintenance HOA’s board exceeded its authority when it raised parcel assessments fivefold without obtaining the majority-of-a-quorum member vote required by the Davis-Stirling Act and the association’s governing documents.
Judge Cynthia Valenzuela sua sponte remanded an unlawful detainer case removed by the tenant on federal-question grounds, holding that unlawful detainer actions do not arise under federal law and federal defenses cannot support removal under Caterpillar v. Williams.
The court remanded a quiet-title and declaratory-relief action concerning San Diego real property to state court under the forum-defendant rule, ruling that the California-based defendants could not remove the case to federal court even though diversity existed and rejecting the defendants’ wa
Judge Anne Hwang granted plaintiff’s motion to remand a foreclosure suit to Ventura County Superior Court after he amended his complaint to drop federal claims, rejecting the defendants’ fraudulent-joinder argument as not meeting the Ninth Circuit’s heavy burden under Grancare.