New CA Real Property Case

Uncategorized Dec 20, 2022
 
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December is the time to finish this year strong and prepare your law practice for an outstanding 2023. Knowing and applying the new civil case law in your practice areas will help your law practice thrive in 2023.

To instantly get all of our civil case summaries for 2021, and in early January get all of our 2022 civil case summaries, subscribe in December to California Case Summaries Complete™ (to get all of my publications - monthly, quarterly and annual), or to my annual publication California Case Summaries Annual™, or to one of our Annual Practice Area publications for Employment, Real Property or Torts. This is a great two-for-one deal! My one paragraph summaries, that you can read in 2 minutes, help California lawyers easily keep current with the new case law in their practice areas, work up their cases better, settle their cases better, and try their cases better to win more and make more money.

Below is a sample of one of my new civil case summaries.


Do Real Property Owners Have Vested Rights Regarding Short-Term Rentals?

Does a property owner have a vested right to offer short-term rentals when a city changes its short-term rental policies? Last month, the Sixth District Court of Appeal published a decision addressing this issue. To find out what they decided, watch the video and read my case summary below.

New CA Real Property Decision  

Hobbs v. City of Pacific Grove (2022) _ Cal.App.5th _ , 2022 WL 16921175: The Court of Appeal affirmed the trial court’s order denying plaintiffs’ motion for summary judgment as to their second claim alleging that defendant city’s Ordinance No. 18-005 violated plaintiffs’ right to due process by arbitrarily limiting the number of homes that could be offered as short-term rentals and by subjecting them to random selection for nonrenewal of licensure. Although the two plaintiffs no longer had standing, the Court of Appeal retained jurisdiction to decide the issue because the case presented an issue of substantial and continuing public interest that was capable of repetition. The Court of Appeal concluded the plaintiffs failed to establish that their economic interest in renting their vacation homes exclusively for transient visitors was an entitlement subject to state or federal constitutional protection as a matter of law. To the extent they asserted a “vested right” in that particular economic use of their real property, they established neither right—beyond the expressly defined terms of their license—nor vesting on the record. Nor did they establish that defendant’s curtailment of short-term rental licenses was so unrelated to legitimate state interests that it could be said to infringe on substantive due process. (C.A. 6th, filed October 14, 2022, published November 14, 2022.) 


 California Case Summaries™
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California Case Summaries Complete: This publication includes our monthly, quarterly and annual publications with one paragraph summaries that can be read in 2 minutes, organized by legal topic, of every new civil case published each year. You'll save serious money by subscribing to this publication instead of separately subscribing to our monthly, quarterly and annual publications! To subscribe, click here.

California Case Summaries Annual: Published early each January. This publication has our excellent one paragraph summaries, organized by legal topic, of every new civil case published each year, with the official case citations. To subscribe, click here. 

California Case Summaries Annual - Employment™To subscribe, click here. 
California Case Summaries Annual - Real Property™To subscribe, click here. 
California Case Summaries Annual - Torts™To subscribe, click here.
Published early each January with our short civil case summaries, organized by legal topic, of every new civil case published each year in these practice areas, with the official case citations.

California Case Summaries Quarterly™: short summaries, organized by legal topic, of every new civil case published by California courts each quarter, with the official case citations.
To subscribe, click here.

 California Case Summaries Monthly™:  short summaries, organized by legal topic, of every new civil case published by California courts every month. To subscribe, click here. 


Join Our Email List: To get my free summaries of the 22 new civil cases published by the California Supreme Court in 2021, click here.


Mediation, Arbitration & Referee Services

I help attorneys and their clients settle cases as a mediator, and decide cases or issues as an arbitrator or referee at ADR Services, Inc. I handle cases in the areas of business, employment, insurance bad faith, insurance coverage, legal malpractice, medical malpractice, personal injury, real property and wrongful death. I conduct Zoom and in-person hearings throughout California.
To schedule a matter, please contact my case managers at ADR Services, Inc., Haward Cho, (213) 683-1600, [email protected] or Rachael Boughan, (619) 233-1323, 
[email protected] 

 

Stay safe and healthy.


Best regards,
Monty A. McIntyre, Esq.
California Case Summaries™
Mediator, Arbitrator & Referee
Master Lawyer Mentoring™

CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312.
Email: [email protected] 

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