Lauckhart

FACTS AND HISTORY OF THE PROCEEDINGS

Because this appeal is from a judgment dismissing an action after sustaining a general demurrer without leave to amend, we accept as true material facts pleaded in the complaint and matters which may be judicially noticed. (Aubry v. Tri-City Hospital Dist. (1992) 2 Cal.4th 962, 966-967; Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The operative complaint is the second amended complaint.

2 The El Macero subdivision was constructed in Yolo County (County) near the City of Davis during the 1960’s and 1970’s. The subdivision was developed in five phases, referred to as units. The developer, Mace Properties, Inc. (Mace Properties), recorded a declaration of CC&Rs for each unit (the original CC&Rs). In 1964, homeowners organized a corporation known as the El Macero Improvement Association to support the development. While developing unit four, Mace Properties dedicated the unit’s Lot A to the County, which would utilize a well existing on the property to serve homes in the subdivision. Eventually, the well ran dry and the County abandoned it. The County did not use Lot A for any particular purpose afterward. In 1995, an informal group of…