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Recent Posts
- NEWS: 6/21/19 COURT OF APPEAL GUTTED VIEW RIGHTS PROVIDED BY THE MARQUEZ KNOLLS CC&Rs; Update regarding California Supreme Court review
- 8/1/19: Infamous Rustic Canyon house finally demolished after 17 years of litigation
- Horowitz/Belgari case documents
- (THIS POST HAS BEE UPDATED.) Marquez Knolls’ view rights under attack again (Eisen vs. Tavangarian)
- View Rights and Inverse Condemnation
Category Archives: Court Cases
UPDATE: the Beglari house being torn down
By Keith Turner 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 high-end real estate … Continue reading
Posted in Court Cases, Local Laws & Ordinances, Neighbor v. Neighbor
Tagged Beglari Plaintiffs, Beglaries, City of Los Angeles, Department of City Planning, Gov't Code section 36900, LADBS, LAMC, LAMC requirements, Los Angeles building codes, Los Angeles Department of Building and Safety, Los Angeles Municipal Code section 12.07.01.C.1., Neighbor v. Neighbor
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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
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
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
Posted in Court Cases, HOAs, Local Laws & Ordinances, Neighbor v. Neighbor, PVRC News
Tagged Castellammare Homeowners Association’s, Castellammare litigation, Court of Appeal, HOA Board Director, HOA Disputes, Homeowners Association Disputes, Homeowners Associations, Los Angeles, Neighbor v. Neighbor, Saied Kashani, summary judgement
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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
Posted in Court Cases, HOAs, Local Laws & Ordinances, Neighbor v. Neighbor, PVRC News
Tagged attorney’s fees, CC&Rs, Civ. Code §1717, Civil Code §1350, Civil Code §1354(c), Civil Code §1357, common interest development, Davis-Stirling Common Interest Development Act, HOA Disputes, Homeowners Associations, Mount Olympus Property Owners Assn. v. Shpirt (1997), Neighbor v. Neighbor, property owner, statutory attorney’s fees provisions, The Turner Law Firm, view rights
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example of preliminary injunction denied (Marquez Knolls)
Many view rights cases are effectively decided at the TRO or preliminary injunction stage, to stop construction of the new or bigger home or structure. Thus, both sides have to present their best evidence at the beginning of the case. … Continue reading
injunction granted – for failure to obtain HOA’s Architectural Committee approval
The recent Tesoro del Valle Master Homeowners Association v. Griffin case provides a good example of power of a well-functioning HOA/ Architectural Control Committee to deny a homeowner’s construction project, and to its right and power to go to court for injunctive … Continue reading
Posted in Court Cases, HOAs, Local Laws & Ordinances, PVRC News
Tagged attorney’s fees, California Solar Rights Act (Civil Code §714), California statute, CC&Rs, Civil Code section 714, HOA, HOA Disputes, homeowner, Homeowners Association Disputes, Homeowners Associations, injunction, solar energy system, Tesoro Board of Directors
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View Rights; Ocean Views; Trees; Spite Fences; and Jury Instructions
On April 15, 2011, the Fourth District of the Court of Appeal issued a decision reversing the San Diego Superior Court in a spite fence case. Vanderpol v. Starr, filed April 15, 2011, Fourth District, Div. One, Cite as D056599. The … Continue reading
Pacific View Rights Resource Center 