Sumner Hill Homeowners' Ass'n v. Rio Mesa Holdings, LLC
205 Cal. App. 4th 999
| Cal. Ct. App. | 2012Background
- Sumner Hill is a gated subdivision with Killkelly Road providing river access to residents but not the public.
- Developers Rio Mesa Holdings, LLC and Tesoro Viejo, Inc. proposed Tesoro Viejo with public river access through Sumner Hill and installed a new gate restricting residents.
- Amended Map depicted Killkelly Road as a public road; county later conveyed roads to the Sumner Hill Association and vacated others, affecting ownership.
- Plaintiffs (individual homeowners and the Sumner Hill Homeowners’ Association) sought declarations to keep Sumner Hill private and maintain river access; defendants sought public access and map reform.
- The trial court found Sumner Hill private, upheld easement rights to Killkelly Road, and awarded damages for slander of title; defendants appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Navigability and public access under the Subdivision Map Act | Plaintiffs rely on navigability to trigger public access rights. | River is navigable in fact; public access should be required. | The court did not decide navigability; other grounds determine outcome. |
| Statute of limitations for public access claims | Claims under Subdivision Map Act timely under 90-day limit. | Claims barred by 66499.37 90-day limitation. | Claims barred by statute of limitations. |
| Validity of Amended Map for public access | Map failed to provide required public access. | Map complied or should be interpreted to provide access. | New theory rejected; theory of trial governs on appeal; not reconsidered. |
| Slander of title damages and apportionment | Attorney fees/costs to clear title may constitute pecuniary damages. | Need proof of marketable title and separate pecuniary loss; apportionment may be required. | Attorney fees necessary to clear title are recoverable pecuniary damages in recorded slander of title; apportionment not required. |
Key Cases Cited
- American River Water Co. v. Amsden, 6 Cal. 443 (1856) (legislative declaration of navigability governs above/below a point)
- Cardwell v. County of Sacramento, 79 Cal. 347 (1889) (legislature's navigability declaration controls; precludes nonnavigable findings contrary to statute)
- People ex rel. Baker v. Mack, 19 Cal.App.3d 1040 (1971) (navigability and public access concepts in context of waterways)
- Howard v. Schaniel, 113 Cal.App.3d 256 (1980) (title, marketability, and recoverable damages in slander of title; fees context)
- Appel v. Burman, 159 Cal.App.3d 1209 (1984) (damages in slander of title include fees to clear title; dicta on damages)