Tower Lane Properties v. City of Los Angeles

Background Tower appeals from a judgment of dismissal entered after the sustaining of a general demurrer. Accordingly, we assume the truth of facts properly pleaded in or attached to the complaint and may consider judicially noticeable matters. (Serrano v. Priest (1971) 5 Cal.3d 584, 591.) 1. History of the Property The property at issue comprises three contiguous lots on approximately five and a half acres fronted by Tower Lane, a private street in the Benedict Canyon neighborhood of Los Angeles. The lots bear the addresses 9933, 9937 and 9941 West Tower Lane. We will refer to them collectively as “the property” and individually by their respective address numbers. Tower Lane is designated in city records as “Private Street Number 275B,” or “PS 275-B.” Originally developed in the 1920’s, the property was the site of the estate home of King Vidor, a noted film director. In 1966, Tower Lane (the street), which until then had provided no access to the property, was extended to access lots 9933 and 9937 but not 9941, which could be accessed only by means of a driveway running through lot 9937. In 1998, to comply with regulations requiring that all lots front an approved street…