Fear Not Law Articles: Austin v. Bear Valley Springs Assn.

Austin v. Bear Valley Springs Assn.

Filed 8/30/06 Austin v. Bear Valley Springs Assn. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

JANET AUSTIN et al.,

Plaintiffs and Appellants,

BEAR VALLEY SPRINGS ASSOCIATION,

Defendant and Respondent.

F047930

(Super. Ct. No. S1500CV251147JES)

OPINION

APPEAL from a judgment of the Superior Court of Kern County. Robert J. Anspach, Judge.

Law Offices of Brian E. Reed and Brian E. Reed, for Plaintiffs and Appellants.

Berman, Berman, Berman, James W. McCord and Karen E. Adelman, for Defendant and Respondent.

-ooOoo-

Appellant Janet Austin was riding a horse along an equestrian trail maintained by respondent Bear Valley Springs Association (â€

Description	The failure of the Defendant's motion to directly address the plaintiffs' allegations that the Association was negligent in failing to comply with its obligations under the Covenants and Restrictions applicable to the development, court cannot conclude that the Association met its burden of showing that appellant's negligence action has no merit.
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