Real Property Law
California Case Summary Update: June 2024 Real Property Case Summaries
Monty A. McIntyre, Esq.
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California Case Summaries™: Unique one-paragraph summaries, organized by legal practice, of every new published civil case each month, every quarter, and in early January each year an annual issue is released. These case summaries, offered throughout the year, give subscribers a competitive advantage to win more cases. To subscribe, click here.
Here is the case summary from last month:
CALIFORNIA COURTS OF APPEAL
Real Property
Colyear v. Rolling Hills Community Assn. of Rancho Palos Verdes (2024) _ Cal.App.5th _ , 2024 WL 884814: The Court of Appeal affirmed in part, and reversed in part, the trial court’s judgment following a bench trial regarding plaintiff’s action to enjoin defendants (the homeowners association (HOA) and several individual directors) from cutting plaintiff’s trees, for declaratory relief that a Tree-Cutting Covenant (Tree CC) did not apply to plaintiff’s property, and for quiet title and breach of fiduciary duty against the board and the HOA. The trial court granted plaintiff’s request for declaratory relief and an injunction, concluding that the Tree CC did not apply to plaintiffs property, enjoined the HOA from enforcing or attempting to enforce the Tree CC against the property and from publishing or disseminating in any statements or documents, including internet website content, indicating that the Tree CC applied to the property. The trial court found the Association breached its fiduciary duty, but denied plaintiff’s quiet title claim, finding it unwarranted and redundant given the injunction and declaratory relief. The trial court awarded plaintiff $1.328 million in attorney fees against the HOA and directors under Civil Code section 5975. The Court of Appeal affirmed the judgment with respect to the declaratory relief and quiet title claims. The judgment was reversed with respect to the portion of the injunctive relief prohibiting speech, and the breach of fiduciary duty claims. The attorney fee award was vacated because the individual directors were not liable for attorney fees, and the trial court was directed to enter a new order awarding attorney fees to plaintiff against the HOA only. (C.A. 2nd, March 1, 2024.)
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