California Court of Appeal

In plaintiffs' suit against their neighbors seeking to block proposed construction, the trial court's entry of judgment in favor of the defendant is reversed and remanded where: 1) because challenges to recorded amendments to CC&Rs must be brought within four years, defendant's challenge is time-barred; and 2) plaintiffs' failure to plead the statute of limitations did not waive the affirmative defense of statute of limitations.

Appellate Information

• Decided 12/23/2010
• Published 12/23/2010

Judges

• WILLHITE

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• John B. Murdock, James M. Kilkowski