Legal Opinion

Fountain Valley Chateau Blanc Homeowner's Ass'n v. Department of Veterans Affairs

California Court of Appeal

Decided October 30, 1998No. G021233, G021948PublishedCited by 36 opinions

1Opinion of the Court

Opinion

SILLS, P. J.

Like Shel Silverstein’s proverbial Sarah Cynthia Sylvia Stout, the petitioner in this case, Robert S. Cunningham, would not take the garbage out. So, reminiscent of Sarah’s daddy who, in the famous poem would scream and shout, Cunningham’s homeowners association did the modem equivalent. It instituted litigation. The association’s theory in essence was that Cunningham’s property constituted a fire hazard. Local fire authorities, however, determined that his property posed no fire hazard, either indoors or outdoors. Even so, the lawyers for the homeowners association wrote…

2Cases cited18 opinions

  1. Auto Equity Sales, Inc. v. Superior CourtCalifornia Supreme Court · 1962
  2. Nally v. Grace Community ChurchCalifornia Supreme Court · 1988
  3. Mercer v. PerezCalifornia Supreme Court · 1968
  4. Reynolds v. WillsonCalifornia Supreme Court · 1958
  5. Hansen v. Sunnyside Products, Inc.California Court of Appeal · 1997

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3Cited by36 opinions

  1. People v. AultCalifornia Supreme Court · 2004
  2. Lamden v. La Jolla Shores Clubdominium Homeowners Ass'nCalifornia Supreme Court · 1999
  3. People v. AultCalifornia Supreme Court · 2004
  4. Sarti v. Salt Creek Ltd.California Court of Appeal · 2008
  5. In Re Coordinated Latex Glove LitigationCalifornia Court of Appeal · 2002

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