OUTCOME: The Court of Appeal reversed and remanded the trial court's order.
Attorney for Plaintiff home buyer who appealed a post-judgment order entered by the Santa Clara County Superior Court, California, awarding attorney fees and costs to defendant home sellers, a husband ...and wife, based on the trial court's determination that they were prevailing parties in the buyer's action that alleged causes of action including negligence, negligent misrepresentation, fraud, developers' strict liability, and breach of implied warranty.
Environmental and natural resources
Lewis v. City of Hayward, 177 Cal.App.3d 103 (1986)
Feb 03, 1986
OUTCOME: The court reversed the award of summary judgment in favor of defendants, city and landowner.
Represented Real Parties in Interest and Respondents in appeal by Plaintiffs, a resident and nonprofit corporation, from the Superior Court of Alameda County (California), which entered summary judgmen...t in favor of defendants, city and landowners, in a complaint for declaratory and injunctive relief challenging the facial constitutionality of the window cancellation provision, Cal. Gov. Code § 51282.1, of the Williamson Act, Cal. Gov. Code § 51200 et seq.
Construction and development
Allen v. Sundean, 137 Cal.App.3d 216 (1982)
Nov 05, 1982
OUTCOME: The court modified the judgment against defendant developer.
Represented Defendants and Appellants. Defendant developer appealed a decision from the Superior Court of Santa Cruz County (California), in an action by plaintiff purchasers for property damage caused... by a landslide, contending that defendant developer was entitled to a contribution from defendant reseller to the extent defendant reseller was at fault for the negligent manner in which he conducted excavations on his own property.
Appeals
Watts v. Crocker-Citizens National Bank, 132 Cal.App.3d 516 (1982)
Jun 03, 1982
OUTCOME: The court reversed the decision to dismiss the cross-complaints.
Represented Appellants, seller and real estate broker, who challenged the decision of the Superior Court of Santa Clara County (California), which issued an order dismissing their cross-complaints, for... breech of contract and for indemnity respectively, against respondent trustee on grounds of the four-year statute of limitations in Cal Civ. Proc. Code § 337.
Land use and zoning
Sierra Club v. City of Hayward, 28 Cal.3d 840 (1981)
Feb 09, 1981
OUTCOME: The court reversed and remanded denial of plaintiffs' writ of mandamus.
Represented Real Parties in Interest and Respondents in Plaintiffs' appeal from the Superior Court of Alameda County's (California) denial of plaintiffs' writ of mandamus to set aside defendant City of... Hayward's partial cancellation of a California Land Conservation Act (Williamson Act), Cal. Gov't Code § 51200 et seq., agreement between defendants and the real parties in interest landowners.
Land use and zoning
Friends of B'Street v. City of Hayward, 107 Cal.App.3d 127 (1980)
Jun 19, 1980
OUTCOME: The court affirmed the judgment that denied a writ of mandate to plaintiffs.
Represented Real Parties in Interest and Respondents in Plaintiffs' appeal from a judgment from the Superior Court of Alameda County (California) that denied their petition for writ of mandate to overt...urn the cancellation of a Williamson Act, Cal. Gov't Code §§ 51200- 51295, agricultural preserve contract.
Land use and zoning
Sierra Club v. Hayward, 107 Cal.App.3d 127 (1980)
Jun 19, 1980
OUTCOME: The court affirmed the judgment that denied a writ of mandate to plaintiffs.
Represented Respondents and Real Parties in Interest in appeal by Plaintiffs of a judgment from the Superior Court of Alameda County (California) that denied Plaintiffs' petition for writ of mandate to... overturn the cancellation of a Williamson Act, Cal. Gov't Code §§ 51200- 51295, agricultural preserve contract.
Land use and zoning
Agins v. City of Tiburon, 447 U.S. 255 (1980)
Jun 10, 1980
OUTCOME: The U.S. Supreme Court affirmed, holding that the zoning ordinances did not take appellant's property without just compensation.
After appellants had acquired five acres of unimproved land in appellee city for residential development, the city was required by California law to prepare a general plan governing land use and the de...velopment of open-space land. In response, the city adopted zoning ordinances that placed appellants' property in a zone in which property may be devoted to one-family dwellings, accessory buildings, and open-space uses, with density restrictions permitting appellants to build between one and five single-family residences on their tract. Without having sought approval for development of their tract under the ordinances, appellants brought suit against the city in state court, alleging that the city had taken their property without just compensation in violation of the Fifth and Fourteenth Amendments, and seeking, inter alia, a declaration that the zoning ordinances were facially unconstitutional. The city's demurrer claiming that the complaint failed to state a cause of action was sustained by the trial court, and the California Supreme Court affirmed.
Family
In re Marriage of Popenhager, 99 Cal.App.3d 514 (1979)
Dec 10, 1979
OUTCOME: The trial court's order was reversed and remanded.
Attorney for Appellant ex-wife who challenged an order of the Superior Court of Santa Clara County (California), which retroactively modified a prior provision requiring child support from respondent e...x-husband to correspond to the child support provisions arising out of a subsequent enforcement suit brought pursuant to former Cal. Civ. Proc. Code § 1689, a part of the Revised Uniform Reciprocal Enforcement of Support Act of 1968, Cal. Civ. Proc. Code § 1650.
