Category Archives: Uncategorized

Rebuilding After the Palisades Fire: Why Marquez Knolls View Covenants Still Bite New Construction

A recent ruling in a pending case (Rassekhi v. Cheng) signals that homeowners rebuilding fire-destroyed homes cannot treat the neighborhood’s recorded view protections as a dead letter — and that the long-dormant one-story height limit may be back in play. … Continue reading

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Private Cause of Action for Municipal Code violation (Gov’t Code 36900): California Supreme Court case update Cohen v. Superior Court is fully briefed

Can You Sue Over a Neighbor’s Code Violation? Question: How can an attorney help a client when a neighbor violates local building or zoning codes—and the city refuses to investigate or enforce? The Core Issue: Does Government Code Section 36900(a) grant private … Continue reading

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City of Los Angeles “Amicus” Briefs against Riley 

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View Rights in the Hollywood Hills (Rising Glen Road and the Beverly Highlands Homes Association)

One of the key features of property in the Hollywood Hills are the incredible city and ocean views enjoyed from most of the lots.  However, many property owners learn after closing that their views are not fully protected.  The time … Continue reading

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Anti-SLAPP and HOA Disputes

Colyear v. Rolling Hills Community Association of Rancho Palos Verdes (2017) 9 Cal.App.5th 119 is a recent example of an anti-SLAPP motion being a very powerful defense weapon in HOA litigation. The term “SLAPP” means “Strategic Lawsuits Against Public Participation,” … 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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