Schuman

This case involves a dispute among property owners in a general plan development of 68 homes in Los Angeles. The *257 owners of one of the properties, Allan Ignatin and Janet Sobell (collectively, Ignatin), 1 want to build a house that other property owners believe would violate recorded restrictions (conditions, covenants and restrictions (CC&R’s)) governing the development. The owners of a neighboring property, Philip Schuman and Margaret McNulty (collectively, Schuman), filed a lawsuit against Ignatin, seeking to block the proposed construction. Ignatin cross-complained against Schuman and several other property owners, including Eric F. Edmunds, Jr., and Debora Edmunds (collectively, Edmunds), seeking a determination that the proposed house would not violate the CC&R’s. Edmunds, in turn, filed a cross-complaint against Ignatin, alleging that the proposed house would violate the CC&R’s, create a nuisance, and violate city codes and the California Environmental Quality Act (CEQA; Pub. Resources Code, § 21000 et seq.).

During a recess after the first day of a bench trial, Ignatin for the first time challenged the validity of a recorded amendment that purportedly…