Modification: River's Side at Washington Squate Homeowners Assn. v. Superior Court (River's Side LLC)

RIVER'S SIDE AT WASHINGTON SQUARE HOMEOWNERS ASSOCIATION,

Petitioner,

v.

THE SUPERIOR COURT OF YOLO COUNTY,

Respondent;

RIVER'S SIDE LLC et al.,

Real Parties in Interest.

No. C095860

(Super. Ct. No. CV2017-1712)

California Courts of Appeal

Third Appellate District

(Yolo)

Filed March 30, 2023

ORDER MODIFYING OPINION AND DENYING REHEARING

[NO CHANGE IN JUDGMENT]

ORIGINAL PROCEEDING in mandate. Samuel T. McAdam, Judge. Peremptory writ issued.

Williams & Gumbiner, Scott Williams and Beth C. Tenney for Petitioner.

Chapman & Intrieri, John W. Chapman, Mark G. Intrieri, J. Spencer Edgett and John F. Baumgardner for the Executive Council of Home Owners as Amicus Curiae on behalf of Petitioner.

No appearance for Respondent.

Christensen Hsu Sipes, Jennifer K. Stinnett and Meighan A. Cardenas for Real Parties in Interest.

THE COURT:

It is ordered that the opinion filed herein on March 6, 2023, be modified as follows:

On page 11, the last paragraph of section II, beginning "California has not adopted the Uniform Act" is deleted and the following paragraph is inserted in its place:

California has not adopted either section 6.11 of the Restatement Third of Property, Servitudes or section 3-102(a)(4) the Uniform Act, and Plaintiff points us to no provision in California law that is analogous to section 6.11 or section 3-102(a)(4). We decline to adopt a comment to a Restatement section that California has not adopted.

There is no change in the judgment.

Petitioner's petition for rehearing is denied.

BY THE COURT:

/s/

RENNER, Acting P. J.

/s/

EARL, J.

/s/

HOCH, J.^*

^* Retired Associate Justice of the Court of Appeal, Third Appellate District, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.