Shea Homes Limited Partnership v. UDR/Pacific Los Alisos
Filed 6/29/06 Shea Homes Limited Partnership v. UDR/Pacific Los Alisos CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FOURTH APPELLATE DISTRICT
DIVISION THREE
| SHEA HOMES LIMITED PARTNERSHIP et al., Plaintiffs and Appellants, v. UDR/PACIFIC LOS ALISOS, LP, et al., Defendants and Respondents. | G035827 (Super. Ct. No. 05CC03856) O P I N I O N |
Appeal from an order and judgment of the Superior Court of Orange County, David T. McEachen, Judge. Reversed.
Connor & Fletcher, Edmond M. Connor, Matthew J. Fletcher and Douglas A. Hedenkamp for Plaintiffs and Appellants.
Rus, Miliband & Smith, Ronald Rus, Joel S. Miliband, Leo J. Presiado and M. Peter Crinella for Defendants and Respondents.
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Plaintiffs Shea Homes Limited Partnership and Madrid, LLC appeal from a dismissal of their action against defendants UDR/Pacific Los Alisos, LP and United Dominion Realty Trust, Inc. entered after the trial court granted defendants' anti-SLAPP (strategic lawsuit against public participation) motion. (Code Civ. Proc., § 425.16, subd. (a).) The primary issue presented is whether plaintiffs established a probability of prevailing on their claims that defendants breached a covenant restricting the use of their commercially-zoned parcel by applying for general plan and zoning changes plus approval of a subdivision map that would allow them to build residences on the property. Since we conclude plaintiffs presented both an interpretation of the covenant plus admissible extrinsic evidence which, if believed by the trier of fact, would support the relief they seek, we reverse the order and judgment.
FACTUAL AND PROCEDURAL BACKGROUND
In December 1992, Mission Viejo Company (MVC) sold a 10.5 acre parcel of commercially-zoned real property to Kmart Corporation (Kmart) As part of the sale, MVC and Kmart executed and recorded a â€
