Legal Opinion
Pacifica Homeowners' Ass'n v. Wesley Palms Retirement Community
California Court of Appeal
Decided March 19, 1986No. D002396PublishedCited by 23 opinions
1Opinion of the Court
Opinion
STANIFORTH, Acting P. J.
Pacifica Homeowners’ Association (Association) appeals the sustaining of a demurrer and the dismissal of its action seeking to enjoin the Wesley Palms Retirement Community and Pacific Homes, Inc. (collectively Wesley Palms) from allowing trees on its property to grow higher than its five-story building.
Facts
The Association’s members own single-family residences in a development, Pacifica Homes (Pacifica), located uphill from Wesley Palms on Mount Soledad in the City of San Diego (City). These residences have views of the ocean, Mission Bay and the city.…
2Cases cited11 opinions
- Alcorn v. Anbro Engineering, Inc.California Supreme Court · 1970
- Goodman v. KennedyCalifornia Supreme Court · 1976
- Venuto v. Owens-Corning Fiberglas Corp.California Court of Appeal · 1971
- King v. Central BankCalifornia Supreme Court · 1977
- Banerian v. O'MALLEYCalifornia Court of Appeal · 1974
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Smith v. State Farm Mutual Automobile InsuranceCalifornia Court of Appeal · 2001
- Mez Industries, Inc. v. Pacific National InsuranceCalifornia Court of Appeal · 1999
- Posey v. LeavittCalifornia Court of Appeal · 1991
- Oliver v. AT&T WIRELESS SERVICESCalifornia Court of Appeal · 1999
- Eisen v. Tavangarian, California Court of Appeal, 5th District2019
18 more not listed; retrieve them via the Exa API.