Taormina Theosophical Community, Inc. v. Silver

Opinion

KLEIN, P. J.

Defendants, cross-complainants and appellants Robert D. Silver and Esther W. Silver (the Silvers) appeal from a judgment granting the injunctive relief and attorney’s fees sought by plaintiff, cross-defendant and respondent Taormina Theosophical Community, Inc. (Taormina).

We reverse the judgment finding that the covenant restraining ownership of the land is unenforceable as an illegal restraint on alienation and that the covenant restraining ownership violates Civil Code section 53, subdivision (b).

Procedural Background

Taormina filed its first amended complaint for…