DeSantis v. AMVETS Dept. of Cal. Service Foundation
Filed 5/17/06 DeSantis v. AMVETS Dept. of Cal. Service Foundation CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
PASQUALE DeSANTIS et al., Plaintiffs and Appellants, v. AMVETS DEPARTMENT OF CALIFORNIA SERVICE FOUNDATION, Defendant and Respondent. | F046509 (Super. Ct. No. 02CECG01927) OPINION |
APPEAL from a judgment of the Superior Court of Fresno County. Mark W. Snauffer, Judge.
Gilmore, Wood, Vinnard & Magness, Gerald D. Vinnard, and William H. Leifer for Plaintiffs and Appellants.
Heily & Blase and John R. Johnson for Defendant and Respondent.
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STATEMENT OF THE CASE
On June 6, 2002, appellants, Pasquale DeSantis and Carmela DeSantis (DeSantis), owners of improved parcels within the Palm Plaza Shopping Center in Fresno, filed a complaint for preliminary and permanent injunction, declaratory relief, and monetary damages against respondent AMVETS Department of California Service Foundation (AMVETS) in superior court. DeSantis alleged AMVETS, the owner of a separate but adjoining improved parcel within the same shopping center, violated covenants, conditions, and restrictions governing all parcels within the center.
On June 25, 2002, the superior court conducted a hearing on preinjunction motion for order to show cause and enjoined AMVETS â€
