California Court of Appeal

A judgment requiring defendants to comply with the height and setback requirements in the covenants, conditions, restrictions, and architectural guidelines adopted by plaintiff is affirmed over claims that: 1) the action was not subject to a five-year statute of limitations in Code of Civil Procedure section 336(b), but instead a four-year statute; 2) in any event, the action was barred by laches and plaintiff waived its right of enforcement; and 3) the court erroneously excluded certain evidence of other nonconforming use.

Appellate Information

• Decided 03/20/2008
• Published 03/20/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Offices of Richard A. Tinnelly, Bruce R. Kermott, Aliso Viejo;  Blackmar, Principe & Schmelter, Gerry C. Schmelter, San Diego, and Christina B. VonBehren, for Plaintiff and Appellant.


• For Appellees:
  
• Law Office of Julie M. McCoy and Julie M. McCoy, Newport Beach, for Defendants and Appellants.