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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: Neighbor v. Neighbor
Keith Turner co-author CEB’s California Easements and Boundaries: Law and Litigation book
The Continuing Education of the Bar (CEB) is a joint committee of The State Bar of California and the University of California that among other things publishes the leading legal treaties on California law topics. Keith Turner is a co-author of … Continue reading
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
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
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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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 California Coastal Act, California law, CC&Rs, celebrity-neighbors, City of Malibu, Los Angeles Times, Malibu, Malibu Municipal Code (MMC §17.62.040 (D)), Neighbor v. Neighbor, offshore islands, Pacific Ocean, Santa Monica Mountains, 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
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
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
Pacific View Rights Resource Center 