equally well-established principle (California) · Go Syfert
← California issues

equally well-established principle in California

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.

Followed or applied (26)

CaseFollowedCited
Melendrez v. D & I INVESTMENT, INC.green
calctapp · 2005 · cited in 4 California opinions naming this issue, 2016–2022
2 sentences

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

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

24
Hochstein v. Romerogreen
calctapp · 1990 · cited in 3 California opinions naming this issue, 2001–2024
2 sentences

2024(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

23
Gregg v. Cloneygreen
calctapp · 2001 · cited in 3 California opinions naming this issue, 2016–2020
2 sentences

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

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

23
Claremont Terrace Homeowners' Ass'n v. United Statesgreen
calctapp · 1983 · cited in 1 California opinions naming this issue, 2020–2020
1 sentence

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

11
Utley v. Smithgreen
calctapp · 1955 · cited in 1 California opinions naming this issue, 2020–2020
2 sentences

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

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

11
Stout v. Gillgreen
calctapp · 1930 · cited in 1 California opinions naming this issue, 2001–2001
1 sentence

2001(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.

11
Hurtado v. Superior Courtgreen
cal · 1974 · cited in 1 California opinions naming this issue, 1984–1984
2 sentences

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.

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.

11
HENDERSON BRIDGE COMPANY v. Henderson Citygreen
scotus · 1899 · cited in 1 California opinions naming this issue, 1981–1981
2 sentences

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

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

11
Disconto Gesellschaft v. Umbreitgreen
scotus · 1908 · cited in 1 California opinions naming this issue, 1981–1981
2 sentences

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

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

11
Sunderland v. United Statesgreen
scotus · 1924 · cited in 1 California opinions naming this issue, 1981–1981
2 sentences

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

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

11
Clark v. Williardgreen
scotus · 1934 · cited in 1 California opinions naming this issue, 1981–1981
11
Clark v. Williardgreen
scotus · 1935 · cited in 1 California opinions naming this issue, 1981–1981
2 sentences

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

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

11
Barber v. Barbergreen
cal · 1958 · cited in 1 California opinions naming this issue, 1981–1981
2 sentences

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

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

11
Thome v. MacKengreen
calctapp · 1943 · cited in 1 California opinions naming this issue, 1981–1981
2 sentences

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

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

11
Losson v. Blodgettgreen
calctapp · 1934 · cited in 1 California opinions naming this issue, 1981–1981
2 sentences

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

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

11
Redwood Investment Co. v. Exleygreen
calctapp · 1923 · cited in 1 California opinions naming this issue, 1981–1981
2 sentences

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

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

11
Lackmann v. Supreme Council of Order of Chosen Friendsgreen
· 1904 · cited in 1 California opinions naming this issue, 1981–1981
11
Patmore v. MacKeckniegreen
calctapp · 1956 · cited in 1 California opinions naming this issue, 1981–1981
2 sentences

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

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

11
Case v. Kirkwoodgreen
calctapp · 1931 · cited in 1 California opinions naming this issue, 1964–1964
11
People v. Corrigangreen
cal · 1957 · cited in 1 California opinions naming this issue, 1962–1962
11
Estate of Swendsengreen
calctapp · 1941 · cited in 1 California opinions naming this issue, 1951–1951
11
Estate of Burnsgreen
calctapp · 1938 · cited in 1 California opinions naming this issue, 1944–1944
11
People v. Burkhartgreen
cal · 1931 · cited in 1 California opinions naming this issue, 1940–1940
11
Miller & Lux, Inc. v. Sacramento & San Joaquin Drainage Dist.green
· 1920 · cited in 1 California opinions naming this issue, 1923–1923
11
Larsen v. City & County of San Franciscogreen
· 1920 · cited in 1 California opinions naming this issue, 1923–1923
11
Hadley v. Daguegreen
cal · 1900 · cited in 1 California opinions naming this issue, 1923–1923
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (25)

CaseCitedYears
Efund Capital Partners v. Pless green
calctapp · 2007
1 sentence

2024(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

12024–2024
Caira v. Offner green
calctapp · 2005
1 sentence

2024(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

12024–2024
Sandquist v. Lebo Automotive, Inc. green
cal · 2016
1 sentence

2024(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

12024–2024
Engalla v. Permanente Medical Group, Inc. green
cal · 1997
1 sentence

2024(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

12024–2024
Lamps Plus, Inc. v. Varela green
scotus · 2019
1 sentence

2024(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

12024–2024
Fallon v. Triangle Management Services, Inc. green
calctapp · 1985
1 sentence

2016(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

12016–2016
Dyer v. Martinez green
calctapp · 2007
1 sentence

2016(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

12016–2016
Schiavon v. Arnaudo Brothers green
calctapp · 2000
1 sentence

2016(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

12016–2016
People v. Eid green
calctapp · 1994
1 sentence

2014(People v. Eid (1994) 31 Cal.App.4th 114, 126 .) But the Attorney General ignores an equally well-established principle.

12014–2014
Miller v. Elite Insurance green
calctapp · 1980
2 sentences

2001Co., 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.

12001–2001
Insurance Company of North America v. Atlantic National Insurance Company and Peter H. Ros green
ca4 · 1964
1 sentence

2001Co. (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.

12001–2001
Fisher v. Superior Court green
calctapp · 1930
1 sentence

2001(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.

12001–2001
Security Trust Co. v. Dodd, Mead & Co. green
scotus · 1899
1 sentence

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

11981–1981
Veigh Cummings v. Larry R. Bullock green
ca9 · 1966
1 sentence

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

11981–1981
Woodley v. Woodley green
calctapp · 1941
11964–1964
Housing Authority of City v. Forbes neutral
calctapp · 1941
11964–1964
Wood v. Emig green
calctapp · 1943
11964–1964
Rogers v. Cady green
cal · 1894
11964–1964
People v. Rigney green
cal · 1961
11962–1962
In Re Weisberg green
cal · 1932
11937–1937
Wells v. Dias green
calctapp · 1922
11933–1933
Duncan v. Ramish green
cal · 1904
11923–1923
Houck v. Little River Drainage District green
scotus · 1915
11923–1923
Ross v. Barber Asphalt Paving Co. neutral
cal · 1910
11923–1923
Nickley v. Stearns Ranchos Co. green
· 1899
11923–1923

Where else courts name it

PA 36 (1940–2023) CA 19 (1923–2024) AL 14 (1970–2007) LA 10 (1951–2016) NY 10 (1914–2009) TX 9 (1922–2022) KY 8 (1926–2010) NC 8 (1925–1999) GA 6 (1924–2002) WV 5 (1951–2004) KS 5 (1945–1961) MO 5 (1904–1984) NJ 5 (1933–1991) IL 4 (1954–1995) WI 4 (1937–1977) WA 4 (1910–1968) CT 4 (1943–2001) IA 3 (1969–1989) FL 3 (1968–2013) CO 3 (1914–2002) OR 3 (1939–1973) VA 2 (1996–2023) IN 2 (1961–1978) MT 2 (1939–1941) MI 2 (1986–2010) MD 2 (1940–2023)

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.

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