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Recent Posts
- Rebuilding After the Palisades Fire: Why Marquez Knolls View Covenants Still Bite New Construction
- Private Cause of Action for Municipal Code violation (Gov’t Code 36900): California Supreme Court case update Cohen v. Superior Court is fully briefed
- The California Supreme Court granted review of Riley
- City of Los Angeles “Amicus” Briefs against Riley
- Fence, Tree, and Hedge Height Law
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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Tagged cc&r, Marquez Knolls, Neighbor v. Neighbor, view rights
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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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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
Posted in Uncategorized
Tagged Beverly Highlands, Bird Streets, Rising Glen, view rights
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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
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
Posted in Court Cases, HOAs, PVRC News, Uncategorized
Tagged Attorney Fees, Davis Sterling, Neighbor v. Neighbor
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