Moradzadeh

FACTS AND PROCEDURAL HISTORY

Undisputed Facts

In September 1971, the owners of hillside property entered into escrow instructions to sell Tract 25625 to Casiano Estates for development. According to the escrow instructions, the sale was subject to approval of a subdivision map for up to 42 lots. The escrow instructions state that the owner “will give buyer access to property owned by seller and adjoining the property being purchased by buyer, and will grant to buyer slope rights on and easements through said adjoining property, as necessary for development of the property being purchased.” The City of Los Angeles approved a subdivision map for Tract 25625, subject to arrangements for the repair and maintenance of “offsite” fill slopes adjoining Tract 25625 and the establishment of easement grants providing access to various portions of the adjoining property to be maintained. In 1974, developer Casiano-Bel Air Development Co. adopted and recorded articles of incorporation, bylaws, and a declaration of covenants, conditions and restrictions (CC&Rs) for Tract 25625. Exhibit A of the CC&Rs describes an area adjacent to the development, which includes the slope adjacent to…