Lingenbrink v. Del Rayo Estates Homeowners Assn
Defendant Del Rayo Estates Homeowners Association (Association) is a nonprofit mutual benefit corporation that manages the Del Rayo Estates common interest development in Rancho Santa Fe. The Del Rayo Estates is governed by an Amended Declaration of Covenants, Conditions and Restrictions (Declaration) of the Association. Plaintiff Georg Lingenbrink, Trustee of the Petra Krismer Living Trust dated April 7, 2011, is the trustee of a trust that owns property within the Del Rayo Estates.
In the underlying complaint in this action,Lingenbrink sued the Associationto compel itto enforce a landscaping restriction in the Declaration that precludes one property owner's trees (and other vegetation) from interfering with the view of any other property owner. Following a court trial, judgment was filed in favor of Lingenbrink and against the Association. That judgment is on appeal in Lingenbrink v. Del Rayo Estates Homeowners Assn., case No. D070194 (Lingenbrink I).
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