Anchor R&R LLC v. The Estates at Monarch Cove Community Association; South Coast Property Management Inc., City of Dana Point, California, and Does 1 to 100
Published: Oct. 22, 2016 | Result Date: Sep. 9, 2016 | Filing Date: Jan. 1, 1900 |Case number: 30-2016-00833891-CU-OR-CXC Demurrer – Defense in part
Court
Orange Superior
Attorneys
Plaintiff
Arthur J. Lettenmaier
(Law Offices of Arthur J. Lettenmaier)
Defendant
Scott J. Grossberg
(Grossberg & Hoehn)
Laurel A. Hoehn
(Office of the San Bernardino County Counsel)
Jacob M. Ramirez
(Collins Collins Muir & Stewart)
Facts
Anchor R&R LLC sued the Estates at Monarch Cove Community Association, South Coast Property Management Inc., and the City of Dana Point, in connection with an unpermitted wall.
Contentions
PLAINTIFF'S CONTENTIONS:
The city allegedly failed to investigate and abate an unpermitted wall, which would undeniably cause plaintiff's injury. Plaintiff filed this instant action, asserting causes of action for breach of the CC&Rs, breach of contract, breach of fiduciary duty, negligence against various parties, private nuisance, and violation of civil rights.
DEFENDANTS' CONTENTIONS:
Defendants demurred, challenging the sufficiency of plaintiff's allegations.
Result
The court sustained the city's demurrer without leave to amend. The remaining defendants' demurrers were sustained in part. As such, the matter continues against the remaining defendants.
Other Information
FILING DATE: Feb. 3, 2016.
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