Judge Holly J. Fujie, Case Number: 22STCV40550, Date: 2023-08-10 Tentative Ruling

MOVING PARTY: Defendant Sheldon Park Condominium Owners Association (“Defendant Sheldon”)

The Court has considered the moving papers. Neither opposition nor reply papers were filed.

This is an action arising from alleged damage to a condominium unit owned by Plaintiff Coleen L. Johnson (“Plaintiff Johnson”) that suffered water damage due to a burst pipe in a connected condominium unit (the “Unit”) owned by Defendant Maria B. Rivera Henriquez (“Henriquez”). Plaintiff Johnson filed the operative Complaint against Defendant Sheldon and Defendant Henriquez alleging causes of action for: (1) breach of covenants, conditions, and restrictions (CC&Rs); (2) negligence; and (3) nuisance.

Defendant Sheldon filed a motion for preliminary injunction to compel access to the Unit (the “Motion”). Plaintiff Johnson filed a Declaration in support of the issuance of the mandatory preliminary injunction. Defendant Henriquez filed no opposition to the Motion.

“In deciding whether to issue a preliminary injunction, a court must weigh two ‘interrelated’ factors: (1) the likelihood that the moving party will ultimately prevail on the merits and (2) the relative interim harm to the parties from issuance or nonissuance of the injunction. . . . . The trial court's determination must be guided by a ‘mix’ of the potential-merit and interim-harm factors; the greater the plaintiff’s showing on one, the less must be shown on the other to support an injunction.” (Butt v. State of California (1992) 4 Cal.4th 668, 677-78 (citations omitted).)

Generally, “restrictive covenants are construed strictly against the person seeking to enforce them, and any doubt will be resolved in favor of the free use of land. But it is also true that the ‘intent of the parties and the object of the deed or restriction should govern, giving the instrument a just and fair interpretation’.” (Chee v. Amanda Goldt Property Management (2006) 143 Cal.App.4th 1360, 1377.)

Under the CC&Rs, Sections 3 and 4 of Article 6, the owner of one condominium unit must make repairs to their unit when the lack of repairs is causing damage to other units, and further provides Defendant Sheldon the authority to obtain access to the unit and make repairs at the unit owner’s expense. (Johnson’s Complaint, Exh. A.)

The property located at 855 Victor Ave., Unit 202, Inglewood, CA 90302 is allegedly owned by Plaintiff Johnson. (Johnson Decl., ¶ 2.) The property located at 855 Victor Ave., Unit 302, Inglewood, CA 90302 is allegedly owned by Defendant Henriquez. (Id.) Defendant Sheldon alleges that drywall has already been ripped out in the Unit and it is clear there are leaks coming from the Unit that require necessary repairs. (White Decl., ¶ 2, Exh. A.) Defendant Sheldon asserts that Defendant Henriquez has refused to give access to the Unit. (Id.)

Here, there is a restrictive covenant that permits Defendant Sheldon to have access to Defendant Henriquez’s Unit if it has caused damage to other units and Defendant Henriquez does not resolve the issue. The restrictive covenant is recorded, which indicates that both parties intended to be bound by the terms of the CC&Rs. There is, therefore, a high probability that Defendant Johnson will prevail against Defendant Henriquez, who, as the evidence demonstrates is subject to the CC&Rs, failed to have repairs done on her own, owns the Unit that has caused damage to another unit, and refuses to grant Defendant Sheldon access to conduct the necessary repairs. Furthermore, it appears that from the declarations and exhibits provided, if the injunction is not issued, Plaintiff Johnson will continue to suffer damage to her own unit. Plaintiff Johnson is in support of this Motion. (Johnson Decl., ¶) Additionally, Defendant Henriquez has not filed an opposition to rebut the arguments advanced by Defendant Sheldon, although provided notice of the Motion on September 28, 2023 via electronic mail.

Therefore, the Court GRANTS the motion to compel access to condominium unit 302 which is the subject of litigation before the Court and issues a Mandatory Preliminary Injunction as requested in the Motion.

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

Hon. Holly J. Fujie

Judge of the Superior Court