Gamerberg v. 3000 E. 11th Street, LLCAnnotate this Case
The LLC, the successor in interest to the first landowner, appealed from the judgment upholding the unrecorded parking affidavit as an irrevocable license in favor of plaintiff, the successor in interest to the second property owner. The LLC claimed that the trial court erred as a matter of law by upholding the parking affidavit even though there was no actual or constructive notice of the parking affidavit when the property was purchased.
The Court of Appeal held that an irrevocable license is not binding on a subsequent purchaser who takes without notice. The court held that Noronha v. Stewart, (1988) 199 Cal.App.3d 485, does not accurately characterize the assignability of an irrevocable license; to the extent an irrevocable license functions as an easement, it must be recorded to bind subsequent purchasers without actual notice; and, in this case, the Los Angeles Department of Building and Safety's failure to require recording of the 1950 parking affidavit and its present belief the parking affidavit was binding on subsequent purchasers are irrelevant.