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California Court of Appeal


Alfaro v. Cmty. Hous. Improvement Sys. & Planning Assoc., Inc., H031127

In an action involving deed restrictions in a housing development project, trial court's judgment is reversed where: 1) plaintiffs' properties were subject to a valid affordable housing deed restriction; 2) the statutes of limitations have lapsed as to claims by 22 co-plaintiffs of fraudulent and negligent nondisclosure and breach of implied contracts mostly against defendant; and 3) claims by 16 other co-plaintiffs of fraudulent and negligent nondisclosure and breach of implied contracts against co-defendant South County remain viable.

Appellate Information

  • Decided 02/19/2009
  • Published 02/19/2009

Judges

  • RUSHING, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Law Offices of Bruce Tichinin, Inc. Bruce Tichinin, Morgan Hill, for Plaintiffs and Appellants Patricia Gonzalez Alfaro et al.

  • For Appellees:
  • Lombardo & Gilles, Esau Soren Diaz, Salinas, Noland, Hamerly, Etienne & Hoss, Lloyd W. Lowrey, Jr., Daniel E. Griffee, Monterey, Office of the County Counsel, Charles J. McKee, County Counsel, Kathryn Reimann, Deputy County Counsel, for Defendants and Respondents Community Housing Improvement System & Planning Association, Inc., et al.
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