Pacific View Rights Resource Center

Pacific Palisades Civic League – Tract 9300 website

Posted on December 5, 2014 by Admin

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

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

Posted on September 17, 2014 by Admin

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.

Posted in PVRC News | Tagged business, civil litigation, Contract Disputes, Home Improvement, homeowners, insurance issues, mold claims, Neighbor v. Neighbor, real estate, real estate broker claims, title claims | Leave a comment

UPDATE: the Beglari house being torn down

Posted on June 6, 2014 by Admin

By Keith Turner

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 reading →

Posted in Court Cases, Local Laws & Ordinances, Neighbor v. Neighbor | Tagged Beglari Plaintiffs, Beglaries, City of Los Angeles, Department of City Planning, Gov't Code section 36900, LADBS, LAMC, LAMC requirements, Los Angeles building codes, Los Angeles Department of Building and Safety, Los Angeles Municipal Code section 12.07.01.C.1., Neighbor v. Neighbor | Leave a comment

Building and Zoning Code Enforcement – The Rustic Canyon-Greentree Road Case

Posted on June 3, 2014 by Admin

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 →

Posted in Court Cases, Local Laws & Ordinances, Neighbor v. Neighbor | Tagged Department of Building & Safety, LADBS, Los Angeles, Neighbor v. Neighbor | Leave a comment

Court Rules in Tramonto Dispute

Posted on April 15, 2013 by Admin

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.

Posted in Court Cases, HOAs, PVRC News | Tagged Court Cases, HOA, Pacific Palisades | Leave a comment

HOA Board Director conflicts of interest (Castellammare litigation)

Posted on March 18, 2013 by Admin

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.

Posted in Court Cases, HOAs, Local Laws & Ordinances, Neighbor v. Neighbor, PVRC News | Tagged Castellammare Homeowners Association’s, Castellammare litigation, Court of Appeal, HOA Board Director, HOA Disputes, Homeowners Association Disputes, Homeowners Associations, Los Angeles, Neighbor v. Neighbor, Saied Kashani, summary judgement | Leave a comment

100% Attorney’s Fees Win in View Rights Case

Posted on April 22, 2012 by Admin

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 →

Posted in Court Cases, HOAs, Local Laws & Ordinances, Neighbor v. Neighbor, PVRC News | Tagged attorney’s fees, CC&Rs, Civ. Code §1717, Civil Code §1350, Civil Code §1354(c), Civil Code §1357, common interest development, Davis-Stirling Common Interest Development Act, HOA Disputes, Homeowners Associations, Mount Olympus Property Owners Assn. v. Shpirt (1997), Neighbor v. Neighbor, property owner, statutory attorney’s fees provisions, The Turner Law Firm, view rights | Leave a comment

View Rights Dispute in Malibu

Posted on January 29, 2012 by Admin

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 →

Posted in HOAs, Local Laws & Ordinances, Neighbor v. Neighbor | Tagged California Coastal Act, California law, CC&Rs, celebrity-neighbors, City of Malibu, Los Angeles Times, Malibu, Malibu Municipal Code (MMC §17.62.040 (D)), Neighbor v. Neighbor, offshore islands, Pacific Ocean, Santa Monica Mountains, view rights | Leave a comment

example of preliminary injunction denied (Marquez Knolls)

Posted on January 27, 2012 by Admin

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.

Tavangarian v. Florman (Jan. 25, 2012, 2d Cir.) 2012WL208061 (B227269) (not reported in Cal. Rptr. 3d) is example of the complex and emotionally charged nature of most neighbor v. neighbor and view rights cases. It also confirms that view right cases require mastering the intricacies and subtle nuances that can make or break your client’s case. Continue reading →

Posted in Court Cases, Neighbor v. Neighbor, PVRC News | Tagged California Court of Appeal, CC&Rs, Marquez Knolls, Neighbor v. Neighbor, Pacific Palisades, preliminary injunction, view rights, Zabrucky v. McAdams (2005) | Leave a comment