Barrett v. Dawson

Opinion

SILLS, P. J.

— In 1981 the California Legislature enacted a law which declared that restrictive covenants made after the effective date of the law (January 1, 1982), which limited family daycare homes in residential neighborhoods, were void. Then, in 1983, the Legislature amended the law to delete the reference to covenants made after its effective date. Covenants restricting family daycare homes were now “void,” period.

This case involves a restrictive covenant made prior to 1981 prohibiting a residence in Tustin from being used for any “business” activity, including a family daycare…