Motion for Judgment on the Pleadings

Cal. Super. - 2nd Dist.February 26, 2019

123 23561 378401583 562400020067960 113454 21905 89 SUPERIOR COURT OF CALIFORNIA, MINUTE ORDER TIME: 08:20:00 AM JUDICIAL OFFICER PRESIDING: Henry Walsh COUNTY OF VENTURA VENTURA DATE: 02/25/2022 DEPT: 42 CLERK: Maria Martinez REPORTER/ERM: None CASE NO: 56-2019-00525214-CU-OR-VTA CASE TITLE: MacWhirter vs Sherwood Development Co CASE CATEGORY: Civil - Unlimited CASE TYPE: Other Real Property EVENT TYPE: Motion for Judgment on the Pleadings Notice of Motion and Motion for Judgment on the Pleadings MOVING PARTY: Sherwood Valley Homeowners Association, Sherwood Development Company LP CAUSAL DOCUMENT/DATE FILED: Amended Notice of Motion and Motion for Judgment on the Pleadings, 02/14/2022 STOLO APPEARANCES STOLO Daniel A. Friedlander, counsel, present for Respondent on Appeal,Plaintiff(s). Theona Zhordania, counsel, present for Defendant,Appellant(s). Stolo At 08:50 a.m., court convenes in this matter with all parties present as previously indicated. Counsel have read the Court's written tentative ruling. Matter submitted to the Court with argument. The Court finds/orders: The Court's tentative is adopted as the Court's ruling. Defendants Sherwood Development and Sherwood Valley HOA's request for judicial notice is granted. (Evidence Code section 452 (d)). Judicial notice is taken of Defendants; Exhibits A and B. The motion for Judgment on the Pleadings is granted in part. The motion is granted without leave to amend as to the first cause of action for prescriptive easement, the second cause of action for preliminary and permanent injunction and damages (prescriptive easements) and the sixth cause of action for declaratory relief. The motion is denied as to the third cause of action for preliminary and permanent injunctions and damages (enforcement of easements under Civil Code section 809), and for the fifth cause of action for public nuisance. The Fineberg and Bruder judgments are clear on their face that they preclude the Hibmas and Singhs from asserting any right, title or interest in the Reserve Strip that is adverse to that of Sherwood (as the successor to Dayton Realty). The "forever restrained and enjoined" language contained in these judgments is commonly used in quiet title judgments, and is not equivocal as to its intent and scope. The sixth cause of action is for declaratory relief. It is moot in view of the rulings on the first and second causes of action. Moving parties concede as to the viability of the third cause of action. The fifth cause of action for public nuisance is sufficiently well pleaded to survive a pleadings challenge. In a JOP, extraneous evidence is not permitted. VEN-FNR-10.03 MINUTE ORDER DATE: 02/25/2022 Page 1 DEPT: 42 CASE TITLE: MacWhirter vs Sherwood Development Co CASE NO: 56-2019-00525214-CU-OR-VTA Notice to be given by Defendants. STOLO VEN-FNR-10.03 MINUTE ORDER DATE: 02/25/2022 Page 2 DEPT: 42