Category Archives: Court Cases

NEWS: 6/21/19 COURT OF APPEAL GUTTED VIEW RIGHTS PROVIDED BY THE MARQUEZ KNOLLS CC&Rs; Update regarding California Supreme Court review

Posted on February 9, 2023 by Admin

UPDATE 2.9.23: Since the Court of Appeal’s decision in June 2019, there have been new cases interpreting the Court’s analysis. More information here: Post-Eisen Cases UPDATE 9.12.19: The Supreme Court has denied the Petition for Review and Request for Depublication. … Continue reading →

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8/1/19: Infamous Rustic Canyon house finally demolished after 17 years of litigation

Posted on August 10, 2019 by Admin

In 1998, a property owner (Mehr Beglari) pulled permits for a remodel of an existing home in the Rustic Canyon area of Pacific Palisades. Five neighbors complained to the Los Angeles Department of Building and Safety (LADBS), alleging that the … Continue reading →

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Horowitz/Belgari case documents

Posted on August 10, 2019 by Admin

Below is a collection of documents from the infamous Horotiwz and Belgari cases which have resulted in the demolition of the residence at 909 Greentree Road in the Rustic Canyon area of Pacific Palisades. 2002 Complaint Horwitz vs. City of … Continue reading →

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(THIS POST HAS BEE UPDATED.) Marquez Knolls’ view rights under attack again (Eisen vs. Tavangarian)

Posted on December 26, 2018 by Admin

Eisen, Tavangarian, Zabrucky v. McAdams, view rights, CC&Rs,  Justice Dennis M. Perluss, John L. Segal Continue reading →

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View Rights and Inverse Condemnation

Posted on December 26, 2017 by Admin

Date: August 13, 2017Author: Turner Law Firm— Edit (by Keith Turner, Esq. and Emma Samyan, Loyola Law School, J.D. Candidate | Class of 2018) An ocean, mountain, city or other view can add a lot to a property’s value.  However, as “a general … Continue reading →

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View Rights and Inverse Condemnation

Posted on August 13, 2017 by Admin

(by Keith Turner, Esq. and Emma Samyan, Loyola Law School, J.D. Candidate | Class of 2018) The Turner Law Firm is one of the leading view rights law firms in California and has handled hundreds of view right cases. An … Continue reading →

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HOA Board of Directors have a duty to act with reasonable diligence in the performance of director duties.

Posted on September 26, 2016 by Admin

By Keith Turner and Justin Escano   Palm Spings Villas II v. Parth is a another example of what can happen when an HOA board member “goes rogue” and tests the limits of the so-called “business judgment rule,” which HOA … Continue reading →

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Fence, Tree, and Hedge Height Law

Posted on November 11, 2015 by Admin

By Keith Turner and Justin Escano Fence, Tree, and Hedge Height Law Is property subject to CCRs or other recorded property specific restrictions? Local zoning – Los Angeles Municipal Code provisions Spite fence law Is property subject to CCRs or … Continue reading →

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Recent Developments in Neighbor vs. Neighbor Encroachment Related Disputes

Posted on July 21, 2015 by Admin

By: Keith J. Turner and Angelica J. Varela Sometimes the development and use of property goes beyond the property line, such as driveways and landscaping improvements, which are called “encroachments.”   (An “encroachment” is the extension of a building or other … Continue reading →

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Prevailing Defendant is Entitled to Attorney’s Fees – California Supreme Court Opinion in Tract 19051 v. Kemp (Yeldell)

Posted on March 13, 2015 by Admin

In a unanimous decision by all seven Justices, the California Supreme Court held that in any action to enforce governing documents of a common interest development, the “prevailing party” is entitled to attorneys fees under Civil Code section 5975, even where plaintiffs fail to establish that a common interest development exists.  Continue reading →

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