Category Archives: PVRC News

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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Palisades News – Pacific View Rights Center

The Pacific View Rights Center ad in Palisades News, the exiting new town paper.

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Home Improvement and Resolving Contract Disputes: An Interview with Keith Turner of Turner Law Firm

  See Keith Turner’s interview on Southern California Homes, a top site for California homes for sale, as well as New Mexico real estate, Northern California real estate and Los Angeles, CA homes for sale: Home Improvement and Resolving Contract Disputes.

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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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Neighbor Disputes: Law and Litigation

Keith Turner and Don Franzen have been acknowledged as consultants in a new book,Neighbor Disputes: Law and Litigation. Published by the California State Bar Continuing Education Program, the book covers all aspects of neighbor disputes, including view rights, boundary line … 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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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

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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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