White

White v. Dorfman

Good Law
116 Cal. App. 3d 892·172 Cal. Rptr. 326·1981 Cal. App. LEXIS 1552
Court of Appeal of CaliforniaMarch 13, 1981Civ. 59824California2,364 words

Opinion

Opinion

Hastings, J.

— Appellants (White et al.) are the owners of property commonly known as 1131 Wallace Ridge Drive in Beverly Hills, which they purchased as a single family residence in 1975. Respondents (Dorfman et al.) are the owners of real property commonly known as 1120 Wallace Ridge Drive, which is located across the street and down hill from appellants’ property. Respondents purchased their property as a vacant lot for development as a single family residence and began construction in April 1977.

On October 24, 1977, appellants sought a temporary restraining order and preliminary injunction to stop construction, claiming respondents had violated certain covenants in the declarations of restrictions (CC & Rs) by building a house which would block appellants’ view. The preliminary injunction was denied and appellant filed an amended complaint for injunctive relief and damages on March 13, 1978. The matter proceeded to trial in September 1979, and judgment was entered for respondents with costs and attorneys’ fees as provided for in the CC & Rs. Thereafter appellants filed a motion for a new trial and a motion to tax costs. On November 26, the court denied appellants’ motion for a…

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