Category Archives: Neighbor v. Neighbor

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

Posted in Court Cases, Local Laws & Ordinances, Neighbor v. Neighbor, PVRC News | Tagged , , , , , , | Leave a comment

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

Posted in Court Cases, Local Laws & Ordinances, Neighbor v. Neighbor | Tagged , , , , , , , , , , , | Leave a comment

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

Posted in Court Cases, Local Laws & Ordinances, Neighbor v. Neighbor | Tagged , , , | Leave a comment

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 , , , , , , , , , , | Leave a comment

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 , , , , , , , , , , , , , , , | Leave a comment

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

Posted in HOAs, Local Laws & Ordinances, Neighbor v. Neighbor | Tagged , , , , , , , , , , , , | Leave a comment

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

Posted in Court Cases, Neighbor v. Neighbor, PVRC News | Tagged , , , , , , , | Leave a comment

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

Posted in Court Cases, Local Laws & Ordinances, Neighbor v. Neighbor | Leave a comment

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

Posted in Local Laws & Ordinances, Neighbor v. Neighbor | Leave a comment