Category Archives: Local Laws & Ordinances

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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View Rights Dispute in Malibu

It is time to change California law so as to provide property owners with some basic view rights.  English common law long ago recognized the doctrine of “ancient lights,” under which a landowner acquired, by interrupted user, an easement over … Continue reading

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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

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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

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Inverse Condemnation 101; Property Owners Near LAX Lose

On April 12, 2011, the Second District of the Court of Appeal issued its decision in City of Los Angeles v. Superior Court (Plotkin) (Court of Appeal Case No. B225082). The case provides a good overview of inverse condemnation law.

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New L.A. Ordinance Restricting Size Of Hillside Homes: Baseline Hillside Ordinance

There is another tool in the view rights arsenal: On April 6, 2011, Los Angeles Mayor Antonio Villaraigosa signed new Baseline Hillside Ordinance (“BHO”) (also commonly referred to as the Hillside Mansionization Ordinance), which goes into effect on May 9, … Continue reading

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