San Marin Assn. v. Pedley
Filed 8/28/06 San Marin Assn. v. Pedley 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
| SAN MARIN ASSOCIATION, Plaintiff and Respondent, v. DANIEL PEDLEY et al., Defendants and Appellants. | G036435 (Super. Ct. No. 05CC08449) O P I N I O N |
Appeal from an order of the Superior Court of Orange County, Charles Margines, Judge. Reversed.
Songstad & Randall, William D. Coffee and Damon D. Eisenbrey for Defendants and Appellants.
Hickey & Petchul, David E. Hickey, Dirk E. Petchul, and J. Stuart Duncan, for Plaintiff and Respondent.
Defendants Daniel and Linda Pedley appeal from an order granting a preliminary injunction invalidating a recorded amendment to their homeowners association's declaration of covenants, conditions and restrictions (CC&R's). We reverse because, in a separate appeal, we determine the association's membership validly approved the amendment.
FACTS
According to the complaint, the Pedleys are Laguna Niguel residents and members of defendant San Marin Association (the Association), a common interest development homeowners association governed by its CC&R's and bylaws. The Pedleys gathered members' signatures on an amendment to the CC&R's to ban common area landscaping that interferes with any members' scenic view. The Pedleys then recorded the amendment without having an Association officer certify it.
The Association filed this action for breach of the CC&R's and declaratory relief. It contended the Pedleys violated its voting bylaws by collecting members' signatures without first submitting a written ballot to the entire membership, and by recording the uncertified amendment. The Association later filed a motion for a preliminary injunction expunging the amendment and prohibiting the Pedleys from recording any other instruments regarding the Association.
The Pedleys responded with their own action. They filed a petition for a writ of mandate directing the Association and its president to certify the amendment. They contended they had â€
