Eisen v. TavangarianAnnotate this Case
The trial court granted an injunction in favor of plaintiffs, finding that defendants violated the view protection provisions of paragraphs 1 and 11 of the covenants, conditions and restrictions (CC&R's) applicable to the parties' neighboring properties in the Marquez Knolls section of the Pacific Palisades. The trial court then ordered removal of certain alterations and improvements made by defendants and awarded plaintiff interim damages for their loss of view.
The Court of Appeal held that neither paragraph 1 nor paragraph 11 of the CC&R's restricts renovations or alternations to a previously approved residence. Furthermore, paragraph 2, which did apply to residential alterations, has long since expired. Accordingly, the court reversed the trial court's judgment except the portion of the judgment requiring the street-facing hedges to be trimmed to a height of three feet or under was affirmed. Therefore, the court remanded with directions for the trial court to conduct a new trial on damages.