Levy

I.

INTRODUCTION

Plaintiff Michael Levy appeals from a judgment of dismissal entered after the trial

court sustained defendant Wells Fargo Asset Securities Corporation's demurrer to Levy's

first amended complaint without leave to amend. Defendant U.S. Bank National

Association, as trustee for Wells Fargo Asset Securities Corporation, joined in the

demurrer and is identified in the judgment of dismissal as a prevailing defendant.

Levy's action concerns certain improvements and conditions on residential property

adjacent to his residence that were determined in a prior action against the previous

owners to violate governing covenants, conditions and restrictions (CC&Rs) and to

constitute a nuisance. Wells Fargo owned the adjacent property at the time Levy filed

this action.

The first amended complaint includes a first cause of action under Civil Code

section 1354 for enforcement of governing documents, including CC&Rs; a second cause

of action for declaratory relief; and a third cause of action for nuisance. Levy alleges that

he is entitled to both injunctive relief and damages under the first and third causes of

action. On appeal, Levy contends that…