HolyHillCommunityChurch v. Kim
The tower was ultimately resold by the original tower buyers to Simi Valley Shopping Center, L.P. (tower owner), and a dispute arose regarding parking rights. Specifically, tower owner contended that it had the exclusive right to use 178 spaces on the property, with the Church permitted to use the spaces tower owner was not using on ten days notice for special events. In contrast, the Church contended that all 178 spaces were to be shared between the Church and the tower on a first-come, first‑served basis, with the Church able to use all 178 spaces for special events on ten days notice. A bench trial was held and the trial court adopted the tower owners interpretation. The Church appeals, arguing that the trial court erred in failing to consider extrinsic evidence it had offered regarding the circumstances of the execution of the RUA. Court reject that argument and affirm.
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