Pasternack

I. FACTS AND PROCEDURAL BACKGROUND

The properties at issue are located in a development known as the Canyons at

Bighorn, located in the City of Palm Desert. Plaintiff purchased his property in

November 2006; defendants purchased the adjacent property, though when precisely is

not alleged in the TAC. Both properties are subject to CC&R’s regulating, among other

things, the location of any improvements—plaintiff attached a copy of the CC&R’s as an

exhibit to the TAC. The CC&R’s also incorporate by reference a separate document,

entitled “Architectural and Landscape Design Guidelines” (design guidelines), also

attached as an exhibit to the TAC.

As relevant to the present appeal, the CC&R’s provide that “[e]ach Owner shall

promptly comply with all laws, statutes, ordinances, rules and regulations of Federal,

1 Plaintiff’s pleadings make reference to additional purported violations of the CC&R’s, relating to maximum building coverage and location of second-story windows. On appeal, however, plaintiff’s briefing makes no mention of these allegations, so they require no further discussion in this opinion.

2 State or municipal governments or authorities applicable to . . .…