Soman Properties, Inc. v. Rikuo Corp.

Appellant Soman Properties, Inc., sued respondent Rikuo Corporation alleging that respondent breached its duty to maintain the common areas of the parties’ adjacent commercial properties comprising a shopping center. The source of this duty was alleged to be a written document entitled “Declaration of Establishment of Protective Covenants, Conditions and Restrictions and Grants of Easements” (hereafter CC&R’s) filed in 1975 when the then-owner of the property subdivided it into two parcels. Appellant alleged that pursuant to the document, respondent, as the owner of parcel 2, was obligated to operate, manage, control, repair and maintain the common areas of the two parcels, but had refused to do so. Respondent denied that it owed appellant any such duty for several reasons.

The matter was tried to the court. At the close of appellant’s case, the trial court granted respondent Rikuo’s motion for judgment pursuant to Code of Civil Procedure section 631.8.

Appellant contends the judgment must be reversed because the trial court erred, as a matter of law, in concluding respondent is not bound by the CC&R’s. Alternatively, appellant argues that if the first conveyance of…