Category Archives: Court Cases

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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Beglari Plaintiffs Win $425,000

By Keith Turner and Justin Escano With all of its twists and turns, the Beglari case is an excellent example of just how difficult it can be to enforce Los Angeles building codes, even when multiple attorneys, retried judges, and … Continue reading

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Building and Zoning Code Enforcement – The Rustic Canyon-Greentree Road Case

Property owners have more rights and power than they realize to stop McMansion; to object to a neighbor’s construction plans; and to otherwise challenge Department of Building & Safety decisions.   Many homeowners in Los Angeles and elsewhere object to … Continue reading

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Court Rules in Tramonto Dispute

A State Court of Appeal has affirmed a summary judgment in the continuing Castellammare litigation battle that pitted a homeowner against another neighbor and the local homeowners association…. Franzen was lead counsel in this case, and Palisades Attorney Keith Turner, who … Continue reading

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HOA Board Director conflicts of interest (Castellammare litigation)

The Court of Appeal issued its decision affirming summary judgment in the long standing Castellammare litigation.  The action was filed in 2006 by Saied Kashani to challenge the  Castellammare Homeowners Association’s requirement that he erect story poles to determine the impact his … Continue reading

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100% Attorney’s Fees Win in View Rights Case

The Turner Law Firm was awarded 100% of its attorney’s fees and costs in a view rights dispute.   The case is important because it concerns the reciprocal nature of statutory attorney’s fees provisions, including whether they apply if the defendant … Continue reading

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