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Recent Posts
- NEWS: 6/21/19 COURT OF APPEAL GUTTED VIEW RIGHTS PROVIDED BY THE MARQUEZ KNOLLS CC&Rs; Update regarding California Supreme Court review
- 8/1/19: Infamous Rustic Canyon house finally demolished after 17 years of litigation
- Horowitz/Belgari case documents
- (THIS POST HAS BEE UPDATED.) Marquez Knolls’ view rights under attack again (Eisen vs. Tavangarian)
- View Rights and Inverse Condemnation
Tag Archives: CC&Rs
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
100% Attorney’s Fees Win in View Rights Case
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 … 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
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View Rights Dispute in Malibu
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 … 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
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example of preliminary injunction denied (Marquez Knolls)
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. … Continue reading
injunction granted – for failure to obtain HOA’s Architectural Committee approval
The recent Tesoro del Valle Master Homeowners Association v. Griffin case provides a good example of power of a well-functioning HOA/ Architectural Control Committee to deny a homeowner’s construction project, and to its right and power to go to court for injunctive … Continue reading
Posted in Court Cases, HOAs, Local Laws & Ordinances, PVRC News
Tagged attorney’s fees, California Solar Rights Act (Civil Code §714), California statute, CC&Rs, Civil Code section 714, HOA, HOA Disputes, homeowner, Homeowners Association Disputes, Homeowners Associations, injunction, solar energy system, Tesoro Board of Directors
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Pacific View Rights Resource Center 