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

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

The Pacific Palisades Civic League, the claimed guardian of Tract 9300, finally launched its own website: www.PPCL9300.org
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.
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.
Continue readingProperty 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
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.
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.
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 prevails in the action on the grounds that the statute is not applicable. Continue reading
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 adjoining property for the passage of light and air. However, California courts rejected this doctrine during our relative early history. Rather, the only view rights that exist under California law are those provided by deed restrictions, such as CC&Rs, or in a few singular cities, such as Malibu or Tiburon, or if the property falls within the jurisdiction of the California Coastal Act.
The story in the January 29, 2012 Los Angeles Times provides another example of why California law should change. The incredible drummer Chad Smith (*) (Red Hot Chili Peppers), with the backing of most of his celebrity-neighbors, is trying to save his view that apparently will be unreasonably obstructed by one of those faux Tuscan mansions. Continue reading