Self

Self v. Sharafi CA4/1

Good Law
163 Cal. Rptr. 3d 71·2013 Cal. App. LEXIS 817·220 Cal. App. 4th 483·2013 WL 5593058
Court of Appeal of CaliforniaSeptember 20, 2013D061181California4,345 words

Opinion

Opinion

Irion, J.

Defendants and cross-complainants Shahram Sharafi and Fatemeh Falahat-Pisheh (the Sharafis) appeal from a judgment entered after the trial court granted summary judgment in favor of plaintiffs and cross-defendants Thomas William Self and Linda P. Self as cotrustees of the Thomas William Self and Linda P. Self Family Trust, executed May 10, 1995 (the Selfs), on the Selfs’ first amended complaint for quiet title and declaratory relief and the Sharafis’ cross-complaint for declaratory relief.

The first amended complaint and cross-complaint concern adjoining parcels of real property owned by the Selfs and the Sharafis, respectively. In granting the Selfs’ motion for summary judgment, the court ruled that a building restriction contained in a 1946 deed, by which the prior common owner of the adjoining parcels conveyed the parcel the Sharafis now own and retained the parcel the Selfs now own, was a personal covenant that is not enforceable against the Selfs. The Sharafis contend the building restriction is enforceable as a covenant running with the land and as an equitable servitude. We conclude the building restriction is enforceable as a covenant running with the land under…

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