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191 Cal. App. 4th 255
Cal. Ct. App.
2010
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Background

  • Planned development in Los Angeles subject to CC&R’s restricting view obstruction and running with the land until Jan 1, 1999.
  • Amendment titled Extension of Declaration extended CC&R duration to Jan 1, 2009, signed by 43 of 68 lot owners including Schuman and Edmunds.
  • Ignatin planned a new house on lot 53, triggering neighbor concerns about CC&R compliance and view protection.
  • Ignatin challenged the Amendment in August 2008 after trial proceedings had begun, arguing the Amendment was invalid and did not extend the CC&R’s.
  • Trial court found the CC&R’s expired and dismissed cross-complaints as moot, prompting appeals by Schuman, Edmunds, and Ignatin.
  • Judgment nunc pro tunc issued; appellate remand ordered to address all issues except the validity challenge which the court held time-barred.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Ignatin’s challenge to the Amendment is time-barred Ignatin argues Amendment invalid and not properly extended CC&R’s. Costa Serena bars challenges brought after four years. Yes; challenge barred by four-year statute of limitations.
Does Costa Serena conflict with Taormina Taormina should apply; amendments not conformed may be voidable, not void ab initio. Costa Serena is consistent; Taormina does not control voidable vs void ab initio in this context. Costa Serena does not conflict with Taormina.
Did Schuman and Edmunds waive limitations defense by failure to plead Waiver due to pleading deficiency should apply. Defense raised via later supplement; not required to plead in cross-complaint. No waiver; limitations defense properly raised.
Is Ignatin’s challenge an affirmative relief action subject to statute of limitations Defense seeking favorable construction of cross-claims may be affirmative relief. Challenge acted as defense and thus barred by limitations. Challenge treated as affirmative relief, barred by statute of limitations.

Key Cases Cited

  • Costa Serena Owners Coalition v. Costa Serena Architectural Com., 175 Cal.App.4th 1175 (Cal. Ct. App. 2009) (challenge to amendments voidable, not void ab initio; four-year limitations apply to voidable amendments)
  • Taormina Theosophical Community, Inc. v. Silver, 140 Cal.App.3d 964 (Cal. Ct. App. 1983) (amendments not following declaration procedures may be voidable or void; context-based)
  • Peyton v. Cly, 184 Cal.App.2d 193 (Cal. Ct. App. 1960) (voidable vs void ab initio distinction in contract amendments)
  • Jordache Enterprises, Inc. v. Brobeck, Phleger & Harrison, 18 Cal.4th 739 (Cal. 1998) (statutes of repose and timely assertion of defenses)
  • Hermosa Beach Land & Water Co. v. Law Credit Co., 175 Cal. 493 (Cal. 1917) (defenses that assert affirmative relief may be barred by limitations)
  • Strong v. Strong, 22 Cal.2d 540 (Cal. 1943) (defendant’s ownership assertion as defense governed by statutes of limitations)
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Case Details

Case Name: Schuman v. Ignatin
Court Name: California Court of Appeal
Date Published: Dec 23, 2010
Citations: 191 Cal. App. 4th 255; 119 Cal. Rptr. 3d 318; 2010 Cal. App. LEXIS 2154; No. B215059
Docket Number: No. B215059
Court Abbreviation: Cal. Ct. App.
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