Facts

Defendants Michael and Manual Rodarte bought a partially landscaped lot in a community in Dana Point. The lot remained undeveloped and defendants allowed the slope landscaping to die and become unsightly. Plaintiff Estates at Monarch Cove Community Association alleged the Rodartes were responsible for maintaining the slope. It sought equitable relief compelling them to restore and care for the original shrubbery that came with the lot.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendants shirked their responsibility to maintain the hillside slope of the property.

DEFENDANTS' CONTENTIONS:
The defendants contended plaintiff bore the burden of maintaining the hillside landscape and that the homeowners' association cared for the plants for two years before singling out defendants to maintain the area.

Result

The defendants were ordered to restore, repair, and maintain their lot's original vegetation. An attorney fee and cost award was entered in favor of plaintiffs, in the amount of $147,474.39.