Finley

I. BACKGROUND

This case is discussed at length in our prior opinion in Finley, et al. v. Gantz (May 30, 2025, D082623) [nonpub. opn.] (Finley). As set forth in that opinion, Finley and Adams initiated a lawsuit the focus of which was the construction, presence, and use on Gantz’s property of a deck and gazebo that affected views from and to Finley and Adams’s property. In the lawsuit, Finley and Adams asserted two claims: one for breach of contract and the other for nuisance. The breach of contract claim was premised on a set of covenants, conditions and restrictions (CC&Rs) that had come into existence when the neighborhood was first developed as well as on a proposed amended set of CC&Rs that was put to a neighborhood vote during the period of construction. Referring to these instruments collectively as the CC&Rs, the operative complaint (complaint) alleged the “CC&Rs are valid and enforceable contracts between” the parties. In addition, it specified

several restrictions common to both sets of CC&Rs2 that Gantz’s construction and use of the deck and gazebo allegedly had breached. The complaint’s nuisance claim likewise was premised on both sets of CC&Rs, and it included an…