California Court of Appeal

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Ekstrom v. Marquesa at Monarch Beach Homeowners Assn., G038537

In a claim brought by plaintiff-homeowners whose views were blocked by many palm trees in the housing development, grant of plaintiff's request for declaratory relief and mandamus to compel defendant association to enforce its conditions, covenants, and restrictions (CC&R's) is affirmed over claims of error that: 1) the business judgment rule precluded judicial intervention in this matter; 2) the judgment was overbroad and void for vagueness; and 3) the judgment was void because plaintiffs did not join as defendants the individual homeowners whose trees might have been affected by the judgment.

Appellate Information

  • Decided 12/01/2008
  • Published 12/01/2008



  • California Court of Appeal


  • For Appellees:
  • Kulik, Gottesman, Mouton & Siegel, LLP, Thomas M. Ware II, Sherman Oaks, Sharon Barber;  Borton, Petrini & Conron, LLP, Matthew J. Trostler, Los Angeles, for Defendant and Appellant., Enterprise Counsel Group, David A. Robinson, Benjamin P. Pugh, Irvine;  Jeffrey Lewis, for Plaintiffs and Respondents.
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