Spitser

On 28 October 1970 plaintiffs, husband and wife, filed an action for declaratory and injunctive relief against defendant, a nonprofit corporation. Defendant filed its answer to the complaint and on 17 December 1970 filed a motion for summary judgment. On 7 January 1971 plaintiffs filed a counter-motion for summary judgment. Both motions were heard 9 February 1971. Defendant’s motion was denied and plaintiffs’ motion was granted; a formal judgment in favor of plaintiffs was filed 29 March 1971. Defendant has appealed from that judgment.

The parties are agreed on all facts. The declarations supporting the motions show that in September 1940 an oil company became the owner of real property in the Westchester area of the City of Los Angeles. It subdivided the property, thereafter known as “Kentwood,” and developed various tracts in it for residential purposes. Each tract was made subject to a recorded Declaration of Protective Restrictions. In March 1943 the oil company formed defendant, Kentwood Home Guardians, as a nonprofit corporation, its articles of incorporation reciting that its primary purpose was to enforce the declarations. On 4 March 1970 plaintiffs became owners…