19 California opinions name it 2 courts 1923–2024 3 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Melendrez v. D & I INVESTMENT, INC.green2 sentences2020LBS timely appealed. 12 DISCUSSION A. Governing Law of Notice “It is ‘black-letter law’ that a bona fide purchaser for value who acquires his or her interest in real property without knowledge or notice of another’s prior rights or interest in the property takes the property free of such unknown interests.” (In re Marriage of Cloney (2001) 91 Cal.App.4th 429, 437 (Cloney); accord, Melendrez v. D & I Investment, Inc. (2005) 127 Cal.App.4th 1238, 1251 (Melendrez) [“‘“The elements of bona fide purchase are payment of value, in good faith, and without actual or constructive notice of another’s rig 2020Legal Principles It is black-letter law that a bona fide purchaser for value4 who acquires his or her interest in property without knowledge or notice of another’s prior rights or interest in the property “takes the property free of such unknown interests.” (In re Marriage of Cloney (2001) 91 Cal.App.4th 429, 437 (Cloney); accord, Melendrez v. D & I Investment, Inc. (2005) 127 Cal.App.4th 1238, 1251 (Melendrez).) Conversely, “it is an equally well-established principle of law that any purchaser of . . . property acquires the property subject to prior interests of which he or she has actual or | 2 | 4 |
Hochstein v. Romerogreen2 sentences2024(Hochstein v. Romero (1990) 219 Cal.App.3d 447, 452 .) However, “California courts have consistently reasoned that the conclusive imputation of notice of recorded documents depends upon proper indexing[10] because a 10 Recorded documents are indexed into various categories based on the type of document and parties involved. 2020LBS timely appealed. 12 DISCUSSION A. Governing Law of Notice “It is ‘black-letter law’ that a bona fide purchaser for value who acquires his or her interest in real property without knowledge or notice of another’s prior rights or interest in the property takes the property free of such unknown interests.” (In re Marriage of Cloney (2001) 91 Cal.App.4th 429, 437 (Cloney); accord, Melendrez v. D & I Investment, Inc. (2005) 127 Cal.App.4th 1238, 1251 (Melendrez) [“‘“The elements of bona fide purchase are payment of value, in good faith, and without actual or constructive notice of another’s rig | 2 | 3 |
Gregg v. Cloneygreen2 sentences2020LBS timely appealed. 12 DISCUSSION A. Governing Law of Notice “It is ‘black-letter law’ that a bona fide purchaser for value who acquires his or her interest in real property without knowledge or notice of another’s prior rights or interest in the property takes the property free of such unknown interests.” (In re Marriage of Cloney (2001) 91 Cal.App.4th 429, 437 (Cloney); accord, Melendrez v. D & I Investment, Inc. (2005) 127 Cal.App.4th 1238, 1251 (Melendrez) [“‘“The elements of bona fide purchase are payment of value, in good faith, and without actual or constructive notice of another’s rig 2020Legal Principles It is black-letter law that a bona fide purchaser for value4 who acquires his or her interest in property without knowledge or notice of another’s prior rights or interest in the property “takes the property free of such unknown interests.” (In re Marriage of Cloney (2001) 91 Cal.App.4th 429, 437 (Cloney); accord, Melendrez v. D & I Investment, Inc. (2005) 127 Cal.App.4th 1238, 1251 (Melendrez).) Conversely, “it is an equally well-established principle of law that any purchaser of . . . property acquires the property subject to prior interests of which he or she has actual or | 2 | 3 |
Claremont Terrace Homeowners' Ass'n v. United Statesgreen1 sentence2020Legal Principles It is black-letter law that a bona fide purchaser for value4 who acquires his or her interest in property without knowledge or notice of another’s prior rights or interest in the property “takes the property free of such unknown interests.” (In re Marriage of Cloney (2001) 91 Cal.App.4th 429, 437 (Cloney); accord, Melendrez v. D & I Investment, Inc. (2005) 127 Cal.App.4th 1238, 1251 (Melendrez).) Conversely, “it is an equally well-established principle of law that any purchaser of . . . property acquires the property subject to prior interests of which he or she has actual or | 1 | 1 |
Utley v. Smithgreen2 sentences2020Legal Principles It is black-letter law that a bona fide purchaser for value4 who acquires his or her interest in property without knowledge or notice of another’s prior rights or interest in the property “takes the property free of such unknown interests.” (In re Marriage of Cloney (2001) 91 Cal.App.4th 429, 437 (Cloney); accord, Melendrez v. D & I Investment, Inc. (2005) 127 Cal.App.4th 1238, 1251 (Melendrez).) Conversely, “it is an equally well-established principle of law that any purchaser of . . . property acquires the property subject to prior interests of which he or she has actual or 2020Legal Principles It is black-letter law that a bona fide purchaser for value4 who acquires his or her interest in property without knowledge or notice of another’s prior rights or interest in the property “takes the property free of such unknown interests.” (In re Marriage of Cloney (2001) 91 Cal.App.4th 429, 437 (Cloney); accord, Melendrez v. D & I Investment, Inc. (2005) 127 Cal.App.4th 1238, 1251 (Melendrez).) Conversely, “it is an equally well-established principle of law that any purchaser of . . . property acquires the property subject to prior interests of which he or she has actual or | 1 | 1 |
Stout v. Gillgreen1 sentence2001(Stout v. Gill (1930) 110 Cal.App. 445, 449 [ 294 P. 446 ]; Hochstein v. Romero (1990) 219 Cal.App.3d 447, 451-452 [ 268 Cal.Rptr. 202 ]; 5 Miller & Starr, Cal. Real Estate, supra, Recording and Priorities, §§ 11:49 to 11:51, pp. 129-138.) Every duly recorded conveyance of real property, or recorded judgment affecting title to or possession of real property, is constructive notice of the contents thereof to subsequent purchasers and mortgagees from the time of recordation. | 1 | 1 |
Hurtado v. Superior Courtgreen2 sentences1984(See Hurtado v. Superior Court (1974) 11 Cal.3d 574, 579 [ 114 Cal.Rptr. 106 , 522 P.2d 666 ].) But there is an equally well established exception to the cited rule in that the writ will lie if the discretion of the *452 officer or board can be exercised in only one way. 1984(See Hurtado v. Superior Court (1974) 11 Cal.3d 574, 579 [ 114 Cal.Rptr. 106 , 522 P.2d 666 ].) But there is an equally well established exception to the cited rule in that the writ will lie if the discretion of the *452 officer or board can be exercised in only one way. | 1 | 1 |
HENDERSON BRIDGE COMPANY v. Henderson Citygreen2 sentences1981It is a universal rule “that realty is exclusively subject to the lex loci rei sitae—to the law of the state within which it is situated.” (Estate of Patmore (1956) 141 Cal.App.2d 416, 419 [ 296 P.2d 863 ]; and see Sunderland v. United States (1924) 266 U.S. 226, 232-233 [ 69 L.Ed. 259, 260-261 , 45 S.Ct. 64 ]; Barber v. Barber (1958) 51 Cal.2d 244, 247 [ 331 P.2d 628 ]; Cummings v. Bullock (9th Cir. 1966) 367 F.2d 182, 183 ; Losson v. Blodgett (1934) 1 Cal.App.2d 13, 17-18 [ 36 P.2d 147 ].) “[N]o other laws or courts can affect it by an attempt to create, transfer, or vest title thereto.” (Re 1981It is a universal rule “that realty is exclusively subject to the lex loci rei sitae—to the law of the state within which it is situated.” (Estate of Patmore (1956) 141 Cal.App.2d 416, 419 [ 296 P.2d 863 ]; and see Sunderland v. United States (1924) 266 U.S. 226, 232-233 [ 69 L.Ed. 259, 260-261 , 45 S.Ct. 64 ]; Barber v. Barber (1958) 51 Cal.2d 244, 247 [ 331 P.2d 628 ]; Cummings v. Bullock (9th Cir. 1966) 367 F.2d 182, 183 ; Losson v. Blodgett (1934) 1 Cal.App.2d 13, 17-18 [ 36 P.2d 147 ].) “[N]o other laws or courts can affect it by an attempt to create, transfer, or vest title thereto.” (Re | 1 | 1 |
Disconto Gesellschaft v. Umbreitgreen2 sentences1981It is a universal rule “that realty is exclusively subject to the lex loci rei sitae—to the law of the state within which it is situated.” (Estate of Patmore (1956) 141 Cal.App.2d 416, 419 [ 296 P.2d 863 ]; and see Sunderland v. United States (1924) 266 U.S. 226, 232-233 [ 69 L.Ed. 259, 260-261 , 45 S.Ct. 64 ]; Barber v. Barber (1958) 51 Cal.2d 244, 247 [ 331 P.2d 628 ]; Cummings v. Bullock (9th Cir. 1966) 367 F.2d 182, 183 ; Losson v. Blodgett (1934) 1 Cal.App.2d 13, 17-18 [ 36 P.2d 147 ].) “[N]o other laws or courts can affect it by an attempt to create, transfer, or vest title thereto.” (Re 1981It is a universal rule “that realty is exclusively subject to the lex loci rei sitae—to the law of the state within which it is situated.” (Estate of Patmore (1956) 141 Cal.App.2d 416, 419 [ 296 P.2d 863 ]; and see Sunderland v. United States (1924) 266 U.S. 226, 232-233 [ 69 L.Ed. 259, 260-261 , 45 S.Ct. 64 ]; Barber v. Barber (1958) 51 Cal.2d 244, 247 [ 331 P.2d 628 ]; Cummings v. Bullock (9th Cir. 1966) 367 F.2d 182, 183 ; Losson v. Blodgett (1934) 1 Cal.App.2d 13, 17-18 [ 36 P.2d 147 ].) “[N]o other laws or courts can affect it by an attempt to create, transfer, or vest title thereto.” (Re | 1 | 1 |
Sunderland v. United Statesgreen2 sentences1981It is a universal rule “that realty is exclusively subject to the lex loci rei sitae—to the law of the state within which it is situated.” (Estate of Patmore (1956) 141 Cal.App.2d 416, 419 [ 296 P.2d 863 ]; and see Sunderland v. United States (1924) 266 U.S. 226, 232-233 [ 69 L.Ed. 259, 260-261 , 45 S.Ct. 64 ]; Barber v. Barber (1958) 51 Cal.2d 244, 247 [ 331 P.2d 628 ]; Cummings v. Bullock (9th Cir. 1966) 367 F.2d 182, 183 ; Losson v. Blodgett (1934) 1 Cal.App.2d 13, 17-18 [ 36 P.2d 147 ].) “[N]o other laws or courts can affect it by an attempt to create, transfer, or vest title thereto.” (Re 1981It is a universal rule “that realty is exclusively subject to the lex loci rei sitae—to the law of the state within which it is situated.” (Estate of Patmore (1956) 141 Cal.App.2d 416, 419 [ 296 P.2d 863 ]; and see Sunderland v. United States (1924) 266 U.S. 226, 232-233 [ 69 L.Ed. 259, 260-261 , 45 S.Ct. 64 ]; Barber v. Barber (1958) 51 Cal.2d 244, 247 [ 331 P.2d 628 ]; Cummings v. Bullock (9th Cir. 1966) 367 F.2d 182, 183 ; Losson v. Blodgett (1934) 1 Cal.App.2d 13, 17-18 [ 36 P.2d 147 ].) “[N]o other laws or courts can affect it by an attempt to create, transfer, or vest title thereto.” (Re | 1 | 1 |
| Clark v. Williardgreen | 1 | 1 |
Clark v. Williardgreen2 sentences1981It is a universal rule “that realty is exclusively subject to the lex loci rei sitae—to the law of the state within which it is situated.” (Estate of Patmore (1956) 141 Cal.App.2d 416, 419 [ 296 P.2d 863 ]; and see Sunderland v. United States (1924) 266 U.S. 226, 232-233 [ 69 L.Ed. 259, 260-261 , 45 S.Ct. 64 ]; Barber v. Barber (1958) 51 Cal.2d 244, 247 [ 331 P.2d 628 ]; Cummings v. Bullock (9th Cir. 1966) 367 F.2d 182, 183 ; Losson v. Blodgett (1934) 1 Cal.App.2d 13, 17-18 [ 36 P.2d 147 ].) “[N]o other laws or courts can affect it by an attempt to create, transfer, or vest title thereto.” (Re 1981It is a universal rule “that realty is exclusively subject to the lex loci rei sitae—to the law of the state within which it is situated.” (Estate of Patmore (1956) 141 Cal.App.2d 416, 419 [ 296 P.2d 863 ]; and see Sunderland v. United States (1924) 266 U.S. 226, 232-233 [ 69 L.Ed. 259, 260-261 , 45 S.Ct. 64 ]; Barber v. Barber (1958) 51 Cal.2d 244, 247 [ 331 P.2d 628 ]; Cummings v. Bullock (9th Cir. 1966) 367 F.2d 182, 183 ; Losson v. Blodgett (1934) 1 Cal.App.2d 13, 17-18 [ 36 P.2d 147 ].) “[N]o other laws or courts can affect it by an attempt to create, transfer, or vest title thereto.” (Re | 1 | 1 |
Barber v. Barbergreen2 sentences1981It is a universal rule “that realty is exclusively subject to the lex loci rei sitae—to the law of the state within which it is situated.” (Estate of Patmore (1956) 141 Cal.App.2d 416, 419 [ 296 P.2d 863 ]; and see Sunderland v. United States (1924) 266 U.S. 226, 232-233 [ 69 L.Ed. 259, 260-261 , 45 S.Ct. 64 ]; Barber v. Barber (1958) 51 Cal.2d 244, 247 [ 331 P.2d 628 ]; Cummings v. Bullock (9th Cir. 1966) 367 F.2d 182, 183 ; Losson v. Blodgett (1934) 1 Cal.App.2d 13, 17-18 [ 36 P.2d 147 ].) “[N]o other laws or courts can affect it by an attempt to create, transfer, or vest title thereto.” (Re 1981It is a universal rule “that realty is exclusively subject to the lex loci rei sitae—to the law of the state within which it is situated.” (Estate of Patmore (1956) 141 Cal.App.2d 416, 419 [ 296 P.2d 863 ]; and see Sunderland v. United States (1924) 266 U.S. 226, 232-233 [ 69 L.Ed. 259, 260-261 , 45 S.Ct. 64 ]; Barber v. Barber (1958) 51 Cal.2d 244, 247 [ 331 P.2d 628 ]; Cummings v. Bullock (9th Cir. 1966) 367 F.2d 182, 183 ; Losson v. Blodgett (1934) 1 Cal.App.2d 13, 17-18 [ 36 P.2d 147 ].) “[N]o other laws or courts can affect it by an attempt to create, transfer, or vest title thereto.” (Re | 1 | 1 |
Thome v. MacKengreen2 sentences1981It is a universal rule “that realty is exclusively subject to the lex loci rei sitae—to the law of the state within which it is situated.” (Estate of Patmore (1956) 141 Cal.App.2d 416, 419 [ 296 P.2d 863 ]; and see Sunderland v. United States (1924) 266 U.S. 226, 232-233 [ 69 L.Ed. 259, 260-261 , 45 S.Ct. 64 ]; Barber v. Barber (1958) 51 Cal.2d 244, 247 [ 331 P.2d 628 ]; Cummings v. Bullock (9th Cir. 1966) 367 F.2d 182, 183 ; Losson v. Blodgett (1934) 1 Cal.App.2d 13, 17-18 [ 36 P.2d 147 ].) “[N]o other laws or courts can affect it by an attempt to create, transfer, or vest title thereto.” (Re 1981It is a universal rule “that realty is exclusively subject to the lex loci rei sitae—to the law of the state within which it is situated.” (Estate of Patmore (1956) 141 Cal.App.2d 416, 419 [ 296 P.2d 863 ]; and see Sunderland v. United States (1924) 266 U.S. 226, 232-233 [ 69 L.Ed. 259, 260-261 , 45 S.Ct. 64 ]; Barber v. Barber (1958) 51 Cal.2d 244, 247 [ 331 P.2d 628 ]; Cummings v. Bullock (9th Cir. 1966) 367 F.2d 182, 183 ; Losson v. Blodgett (1934) 1 Cal.App.2d 13, 17-18 [ 36 P.2d 147 ].) “[N]o other laws or courts can affect it by an attempt to create, transfer, or vest title thereto.” (Re | 1 | 1 |
Losson v. Blodgettgreen2 sentences1981It is a universal rule “that realty is exclusively subject to the lex loci rei sitae—to the law of the state within which it is situated.” (Estate of Patmore (1956) 141 Cal.App.2d 416, 419 [ 296 P.2d 863 ]; and see Sunderland v. United States (1924) 266 U.S. 226, 232-233 [ 69 L.Ed. 259, 260-261 , 45 S.Ct. 64 ]; Barber v. Barber (1958) 51 Cal.2d 244, 247 [ 331 P.2d 628 ]; Cummings v. Bullock (9th Cir. 1966) 367 F.2d 182, 183 ; Losson v. Blodgett (1934) 1 Cal.App.2d 13, 17-18 [ 36 P.2d 147 ].) “[N]o other laws or courts can affect it by an attempt to create, transfer, or vest title thereto.” (Re 1981It is a universal rule “that realty is exclusively subject to the lex loci rei sitae—to the law of the state within which it is situated.” (Estate of Patmore (1956) 141 Cal.App.2d 416, 419 [ 296 P.2d 863 ]; and see Sunderland v. United States (1924) 266 U.S. 226, 232-233 [ 69 L.Ed. 259, 260-261 , 45 S.Ct. 64 ]; Barber v. Barber (1958) 51 Cal.2d 244, 247 [ 331 P.2d 628 ]; Cummings v. Bullock (9th Cir. 1966) 367 F.2d 182, 183 ; Losson v. Blodgett (1934) 1 Cal.App.2d 13, 17-18 [ 36 P.2d 147 ].) “[N]o other laws or courts can affect it by an attempt to create, transfer, or vest title thereto.” (Re | 1 | 1 |
Redwood Investment Co. v. Exleygreen2 sentences1981It is a universal rule “that realty is exclusively subject to the lex loci rei sitae—to the law of the state within which it is situated.” (Estate of Patmore (1956) 141 Cal.App.2d 416, 419 [ 296 P.2d 863 ]; and see Sunderland v. United States (1924) 266 U.S. 226, 232-233 [ 69 L.Ed. 259, 260-261 , 45 S.Ct. 64 ]; Barber v. Barber (1958) 51 Cal.2d 244, 247 [ 331 P.2d 628 ]; Cummings v. Bullock (9th Cir. 1966) 367 F.2d 182, 183 ; Losson v. Blodgett (1934) 1 Cal.App.2d 13, 17-18 [ 36 P.2d 147 ].) “[N]o other laws or courts can affect it by an attempt to create, transfer, or vest title thereto.” (Re 1981It is a universal rule “that realty is exclusively subject to the lex loci rei sitae—to the law of the state within which it is situated.” (Estate of Patmore (1956) 141 Cal.App.2d 416, 419 [ 296 P.2d 863 ]; and see Sunderland v. United States (1924) 266 U.S. 226, 232-233 [ 69 L.Ed. 259, 260-261 , 45 S.Ct. 64 ]; Barber v. Barber (1958) 51 Cal.2d 244, 247 [ 331 P.2d 628 ]; Cummings v. Bullock (9th Cir. 1966) 367 F.2d 182, 183 ; Losson v. Blodgett (1934) 1 Cal.App.2d 13, 17-18 [ 36 P.2d 147 ].) “[N]o other laws or courts can affect it by an attempt to create, transfer, or vest title thereto.” (Re | 1 | 1 |
| Lackmann v. Supreme Council of Order of Chosen Friendsgreen | 1 | 1 |
Patmore v. MacKeckniegreen2 sentences1981It is a universal rule “that realty is exclusively subject to the lex loci rei sitae—to the law of the state within which it is situated.” (Estate of Patmore (1956) 141 Cal.App.2d 416, 419 [ 296 P.2d 863 ]; and see Sunderland v. United States (1924) 266 U.S. 226, 232-233 [ 69 L.Ed. 259, 260-261 , 45 S.Ct. 64 ]; Barber v. Barber (1958) 51 Cal.2d 244, 247 [ 331 P.2d 628 ]; Cummings v. Bullock (9th Cir. 1966) 367 F.2d 182, 183 ; Losson v. Blodgett (1934) 1 Cal.App.2d 13, 17-18 [ 36 P.2d 147 ].) “[N]o other laws or courts can affect it by an attempt to create, transfer, or vest title thereto.” (Re 1981It is a universal rule “that realty is exclusively subject to the lex loci rei sitae—to the law of the state within which it is situated.” (Estate of Patmore (1956) 141 Cal.App.2d 416, 419 [ 296 P.2d 863 ]; and see Sunderland v. United States (1924) 266 U.S. 226, 232-233 [ 69 L.Ed. 259, 260-261 , 45 S.Ct. 64 ]; Barber v. Barber (1958) 51 Cal.2d 244, 247 [ 331 P.2d 628 ]; Cummings v. Bullock (9th Cir. 1966) 367 F.2d 182, 183 ; Losson v. Blodgett (1934) 1 Cal.App.2d 13, 17-18 [ 36 P.2d 147 ].) “[N]o other laws or courts can affect it by an attempt to create, transfer, or vest title thereto.” (Re | 1 | 1 |
| Case v. Kirkwoodgreen | 1 | 1 |
| People v. Corrigangreen | 1 | 1 |
| Estate of Swendsengreen | 1 | 1 |
| Estate of Burnsgreen | 1 | 1 |
| People v. Burkhartgreen | 1 | 1 |
| Miller & Lux, Inc. v. Sacramento & San Joaquin Drainage Dist.green | 1 | 1 |
| Larsen v. City & County of San Franciscogreen | 1 | 1 |
| Hadley v. Daguegreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Efund Capital Partners v. Pless
green
1 sentence2024(Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 971-972 .) Our strong policy favoring arbitrability has resulted in the general rule that arbitration should be 5 required “‘“unless it can be said with assurance that an arbitration clause is not susceptible to an interpretation covering the asserted dispute. . . .”’” (EFund Capital Partners v. Pless (2007) 150 Cal.App.4th 1311, 1321 .) However, an equally well- established rule of construction provides that “where, as here, the written agreement has been prepared entirely by the employer . . . any ambiguities must be construed | 1 | 2024–2024 |
Caira v. Offner
green
1 sentence2024(Caira v. Offner, supra, 126 Cal.App.4th at p. 24 .) “An action to quiet title is akin to an action for declaratory relief in that the plaintiff seeks a judgment declaring his rights in relation to a piece of property.” (Ibid.) “ ‘It is “black-letter law” that a bona fide purchaser for value who acquires his or her interest in real property without knowledge or notice of another’s prior rights or interest in the property takes the property free of such unknown interests.’ [Citations.] Conversely, ‘it is an equally well-established principle of law that any purchaser of real property acquires t | 1 | 2024–2024 |
Sandquist v. Lebo Automotive, Inc.
green
1 sentence2024(Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 971-972 .) Our strong policy favoring arbitrability has resulted in the general rule that arbitration should be 5 required “‘“unless it can be said with assurance that an arbitration clause is not susceptible to an interpretation covering the asserted dispute. . . .”’” (EFund Capital Partners v. Pless (2007) 150 Cal.App.4th 1311, 1321 .) However, an equally well- established rule of construction provides that “where, as here, the written agreement has been prepared entirely by the employer . . . any ambiguities must be construed | 1 | 2024–2024 |
Engalla v. Permanente Medical Group, Inc.
green
1 sentence2024(Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 971-972 .) Our strong policy favoring arbitrability has resulted in the general rule that arbitration should be 5 required “‘“unless it can be said with assurance that an arbitration clause is not susceptible to an interpretation covering the asserted dispute. . . .”’” (EFund Capital Partners v. Pless (2007) 150 Cal.App.4th 1311, 1321 .) However, an equally well- established rule of construction provides that “where, as here, the written agreement has been prepared entirely by the employer . . . any ambiguities must be construed | 1 | 2024–2024 |
Lamps Plus, Inc. v. Varela
green
1 sentence2024(Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 971-972 .) Our strong policy favoring arbitrability has resulted in the general rule that arbitration should be 5 required “‘“unless it can be said with assurance that an arbitration clause is not susceptible to an interpretation covering the asserted dispute. . . .”’” (EFund Capital Partners v. Pless (2007) 150 Cal.App.4th 1311, 1321 .) However, an equally well- established rule of construction provides that “where, as here, the written agreement has been prepared entirely by the employer . . . any ambiguities must be construed | 1 | 2024–2024 |
Fallon v. Triangle Management Services, Inc.
green
1 sentence2016(Schiavon v. Arnaudo Brothers, supra, 84 Cal.App.4th at p. 378 ; Fallon v. Triangle Management Services, Inc., supra, 169 Cal.App.3d at p. 1106 .) It is a well- established principle of law that “‘a bona fide purchaser is not chargeable with the fraud of his predecessors and takes a title purged of any anterior fraud affecting it and free from any equities existing between the original parties. [Citations.]’” (Melendrez v. D & I Investment, Inc. (2005) 127 Cal.App.4th 1238, 1256-1257 .) “[I]t is an equally well-established principle of law that any purchaser of real property acquires the prope | 1 | 2016–2016 |
Dyer v. Martinez
green
1 sentence2016(Schiavon v. Arnaudo Brothers, supra, 84 Cal.App.4th at p. 378 ; Fallon v. Triangle Management Services, Inc., supra, 169 Cal.App.3d at p. 1106 .) It is a well- established principle of law that “‘a bona fide purchaser is not chargeable with the fraud of his predecessors and takes a title purged of any anterior fraud affecting it and free from any equities existing between the original parties. [Citations.]’” (Melendrez v. D & I Investment, Inc. (2005) 127 Cal.App.4th 1238, 1256-1257 .) “[I]t is an equally well-established principle of law that any purchaser of real property acquires the prope | 1 | 2016–2016 |
Schiavon v. Arnaudo Brothers
green
1 sentence2016(Schiavon v. Arnaudo Brothers, supra, 84 Cal.App.4th at p. 378 ; Fallon v. Triangle Management Services, Inc., supra, 169 Cal.App.3d at p. 1106 .) It is a well- established principle of law that “‘a bona fide purchaser is not chargeable with the fraud of his predecessors and takes a title purged of any anterior fraud affecting it and free from any equities existing between the original parties. [Citations.]’” (Melendrez v. D & I Investment, Inc. (2005) 127 Cal.App.4th 1238, 1256-1257 .) “[I]t is an equally well-established principle of law that any purchaser of real property acquires the prope | 1 | 2016–2016 |
People v. Eid
green
1 sentence2014(People v. Eid (1994) 31 Cal.App.4th 114, 126 .) But the Attorney General ignores an equally well-established principle. | 1 | 2014–2014 |
Miller v. Elite Insurance
green
2 sentences2001Co., supra, 100 Cal. App.3d at p. 755 , 161 Cal.Rptr. 322 , citing Insurance Co. of North America v. Atlantic National Ins. 2001Co., supra, 100 Cal. App.3d at p. 755 , 161 Cal.Rptr. 322 , citing Insurance Co. of North America v. Atlantic National Ins. | 1 | 2001–2001 |
Insurance Company of North America v. Atlantic National Insurance Company and Peter H. Ros
green
1 sentence2001Co. (4th Cir.1964) 329 F.2d 769, 775 .) However, an equally well-established exception to this general rule applies where the insurer, although aware of a ground of noncoverage, defends an action against its insured without reserving its right to disclaim liability. ( Miller v. Elite his. | 1 | 2001–2001 |
Fisher v. Superior Court
green
1 sentence2001(Stout v. Gill (1930) 110 Cal.App. 445, 449 [ 294 P. 446 ]; Hochstein v. Romero (1990) 219 Cal.App.3d 447, 451-452 [ 268 Cal.Rptr. 202 ]; 5 Miller & Starr, Cal. Real Estate, supra, Recording and Priorities, §§ 11:49 to 11:51, pp. 129-138.) Every duly recorded conveyance of real property, or recorded judgment affecting title to or possession of real property, is constructive notice of the contents thereof to subsequent purchasers and mortgagees from the time of recordation. | 1 | 2001–2001 |
Security Trust Co. v. Dodd, Mead & Co.
green
1 sentence1981It is a universal rule “that realty is exclusively subject to the lex loci rei sitae—to the law of the state within which it is situated.” (Estate of Patmore (1956) 141 Cal.App.2d 416, 419 [ 296 P.2d 863 ]; and see Sunderland v. United States (1924) 266 U.S. 226, 232-233 [ 69 L.Ed. 259, 260-261 , 45 S.Ct. 64 ]; Barber v. Barber (1958) 51 Cal.2d 244, 247 [ 331 P.2d 628 ]; Cummings v. Bullock (9th Cir. 1966) 367 F.2d 182, 183 ; Losson v. Blodgett (1934) 1 Cal.App.2d 13, 17-18 [ 36 P.2d 147 ].) “[N]o other laws or courts can affect it by an attempt to create, transfer, or vest title thereto.” (Re | 1 | 1981–1981 |
Veigh Cummings v. Larry R. Bullock
green
1 sentence1981It is a universal rule “that realty is exclusively subject to the lex loci rei sitae—to the law of the state within which it is situated.” (Estate of Patmore (1956) 141 Cal.App.2d 416, 419 [ 296 P.2d 863 ]; and see Sunderland v. United States (1924) 266 U.S. 226, 232-233 [ 69 L.Ed. 259, 260-261 , 45 S.Ct. 64 ]; Barber v. Barber (1958) 51 Cal.2d 244, 247 [ 331 P.2d 628 ]; Cummings v. Bullock (9th Cir. 1966) 367 F.2d 182, 183 ; Losson v. Blodgett (1934) 1 Cal.App.2d 13, 17-18 [ 36 P.2d 147 ].) “[N]o other laws or courts can affect it by an attempt to create, transfer, or vest title thereto.” (Re | 1 | 1981–1981 |
| Woodley v. Woodley green | 1 | 1964–1964 |
| Housing Authority of City v. Forbes neutral | 1 | 1964–1964 |
| Wood v. Emig green | 1 | 1964–1964 |
| Rogers v. Cady green | 1 | 1964–1964 |
| People v. Rigney green | 1 | 1962–1962 |
| In Re Weisberg green | 1 | 1937–1937 |
| Wells v. Dias green | 1 | 1933–1933 |
| Duncan v. Ramish green | 1 | 1923–1923 |
| Houck v. Little River Drainage District green | 1 | 1923–1923 |
| Ross v. Barber Asphalt Paving Co. neutral | 1 | 1923–1923 |
| Nickley v. Stearns Ranchos Co. green | 1 | 1923–1923 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.