Sumner Hill Homeowners' Association, Inc. v. Rio Mesa Holdings, LLC

Full title: SUMNER HILL HOMEOWNERS’ ASSOCIATION, INC. et al., Plaintiffs and…

Court: California Court of Appeals, Fifth District

Date published: May 30, 2012

No. F058617 (Cal. Ct. App. May. 30, 2012)

Opinion

Page 1196a

208 Cal.App.4th 1196a __ Cal.Rptr.3d __ SUMNER HILL HOMEOWNERS’ ASSOCIATION, INC. et al., Plaintiffs and Appellants, v. RIO MESA HOLDINGS, LLC et al., Defendants and Appellants. F058617 California Court of Appeals, Fifth District May 30, 2012

THE COURT:

IT IS ORDERED that the opinion filed herein on May 2, 2012, 205 Cal.App.4th 999; 141 Cal.Rptr.3d 109, and reported in the Official Reports be modified in the following particulars and the petition for rehearing is DENIED:

1. In the published portion, on page 1 [205 Cal.App.4th 1002, advance report, 6th par.], the third paragraph beginning “McKenna, Long & Aldridge” is deleted and the following paragraph inserted in its place:

McKenna, Long & Aldridge, Charles A. Bird, Gerald M. Murphy, Antony D. Nash and Joshua M. Heinlein for Defendants and Appellants.

2. In the unpublished portion, on page 37 [205 Cal.App.4th 1027, advance report, unpublished portion of the opinion], the last paragraph beginning “Defendants next contend” is deleted and the following paragraph inserted in its place:

Plaintiffs next contend that even if the County received only a road easement from the dedication set forth in the Amended Map, and not ownership of the roads, a subsequent agreement in 1986 did convey the ownership interest to the County. We disagree.

This modification does not effect a change in the judgment.

The petition for rehearing is denied.