McKissock v. Kashfian CA2/3
Plaintiff John McKissock owns three suites in a medical plaza, parts of which are located above a suite owned by defendant Barry Kashfian. After McKissock purchased his suites, a dispute arose between McKissock and Kashfian over the interpretation of the plaza’s declaration of conditions, covenants, and restrictions (CC&Rs). Specifically, McKissock contends he has a right to enter, and perform construction within, Kashfian’s suite to connect certain utility lines originating in McKissock’s suites to utility systems located in the common areas surrounding Kashfian’s suite. After Kashfian refused to allow McKissock to enter his suite to perform such construction, McKissock sued Kashfian for, among other things, trespass and declaratory relief, alleging he had violated the CC&Rs.
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