California Court of Appeal

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Pacific Hills Homeowners Ass'n v. Prun, G038244

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



  • California Court of Appeal


  • 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.
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