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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CEQA and View Rights

By Keith Turner and Justin Escano

Another possible weapon for arsenal for view rights claims is the California Environmental Quality Act (CEQA).  In a nutshell,  the CEQA law provides that if a public and private development project may create a significant environmental impact, then an Environmental Impact Report (EIR) must be prepared, analyzing the potential impacts and possible mitigation alternatives.

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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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Pacific Palisades Civic League – Tract 9300 website

The Pacific Palisades Civic League, the claimed guardian of Tract 9300, finally launched its own website:  www.PPCL9300.org

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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 saleHome Improvement and Resolving Contract Disputes.

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Beglari Plaintiffs Win $425,000

By Keith Turner and Justin Escano

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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 are involved.

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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 “McMansion,” which is the term used to describe new or remodeled large homes that are over-sized for the lot or incongruous for the neighborhood.   If a homeowner is concerned about a neighbor’s construction project, they may have certain legal rights and claims, which they need to timely raise. Continue reading

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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 is of counsel to his office, worked extensively in the successful summary judgment. Mark Robertson, an associate with Franzen, worked on the Rochmans’ appellate briefs.

 Real the full Palisadian Post article here.

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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 proposed 7,000 square foot home would have on  the ocean and mountain views enjoyed by the neighbors.  Kashani also sued the adjoining property owners Doreen and Jerry Rochman, and their son Harvey Rochman who also lives in Castellammare.  Kashani claimed that the Rochmans used the influence and control as members of the Association Board to essentially deny his building plans.  In essence, the court of appeal ruled that the Rochmans did nothing wrong and affirmed summary judgment against Kashani on all causes of action.  This is an important ruling because it bears on what responsibilities directors of homeowners’ associations have to association members.

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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 disputes, and tree-related disputes. More information can be found on the State Bar’s Continuing Education Website.

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