California Court of Appeal

In a case involving covenants, condition and restrictions (CC&Rs), trial court's judgment granting homeowner's motion for summary judgment is reversed where, while the plain language of the CC&Rs could support either of the proffered interpretations, the circumstances of the creation of the CC&Rs indicate that general responsibility for landscape is assigned to the Association, but specifically provide that individual property owners will be responsible for drainage facilities and here, the homeowner cannot avoid that responsibility solely because the V-ditch on her property happens to also coincide with the landscape maintenance area.

Appellate Information

• Decided 09/03/2009
• Published 09/03/2009

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Fiore, Racobs & Powers, Peter E. Racobs and Jesse W.J. Male, Riverside, for Plaintiff and Appellant., Stephanie K. Hunter-Bloor, in pro. per.


• For Appellees:
  
• Law Office of John Scott Carter and John Scott Carter, for Defendant and Respondent.