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California Court of Appeal


Sumner Hill Homeowners' Ass'n, Inc. v. Rio Mesa Holdings, LLC, F058617

In a dispute between owners of property in a subdivision and a developer over access to a river, it is held that: 1) the developers' claims of public access under the provisions of the Subdivision Map Act were barred by the applicable statute of limitation; 2) the "theory of trial" doctrine barred consideration of a new theory argued by the developers for the first time on appeal; and 3) the judgment awarding the plaintiffs damages for slander of title was proper, where a) the plaintiffs had sufficient title, b) under the circumstances of the case, expended attorney's fees were sufficient pecuniary damages, and c) the trial court did not prejudicially err in instructing the jury on the question of apportionment of fees and in allowing experts to testify on that issue.

Appellate Information

  • Decided 05/02/2012
  • Published 05/02/2012

Judges

  • Kane

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Dowling, Aaron & Keeler, McKenna, Long & Aldridge

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