Category Archives: Court Cases

8/1/19: The infamous Rustic Cyn. house was finally demolished. The litigation started in 2002

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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Beglari case documents

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NEWS: 6/21/19 COURT OF APPEAL GUTTED VIEW RIGHTS PROVIDED BY THE MARQUEZ KNOLLS’ CC&Rs; 8/9/19 seeking California Supreme Court review

The Court of Appeal just gutted the Marquez Knolls CC&Rs.  Eisen v. Tavangarian – filed June 20, 2019, Second District, Div. Seven , full text click here. Paragraph 11 of Marquez Knolls CC&Rs provides: “No fences or hedges exceeding three … Continue reading

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

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

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

(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.

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

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

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)

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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