Judge: John C. Gastelum, Case: 19-01086744, Date: 2022-10-11 Tentative Ruling

Motion for Bifurcation 

Tentative Ruling:  Plaintiff, Paul Buck’s Motion for Bifurcation is GRANTED. However, the issues are modified as follows.

Plaintiff moves for an order bifurcating the equitable causes of action, or certain issues therein, from the legal causes of action and issues, for determination by this Court rather than by a jury, including bifurcating the Firth Cause of Action for Enforcement of Equitable Servitude; the Fourth Cause of Action for Declaratory Relief; and /or two equitable issues:  (1)  Whether an equitable servitude exists over Defendant Garruba’s property that prohibits structures and vegetation over 17 feet high, and, if so, whether Plaintiff Buck can enforce the equitable servitude; and (2) Whether Plaintiff Buck can enforce a height restriction condition of approval imposed by the City of San Clemente on the Broadmoor project, including homes on Calle Delicada.

Plaintiff cites Code of Civil Procedure sections 598, 1048(b), and this Court’s inherent authority to control the litigation before it under Code of Civil Procedure section 128(a)(3).

It is undisputed that three causes of action remain at issue in the First Amended Complaint (“FAC”):  (1) the First Cause of Action for Enforcement of an Equitable Servitude, (2) the Third Cause of Action for Nuisance, and (3) the Fourth Cause of Action for Declaratory Relief.

Defendants, Angelo Garruba and Lisa Garruba do not contest that that certain issues within the First and Fourth Causes of Action should be bifurcated and should be tried first as a court trial. It also appears that the parties agree that the resolution of the equitable causes of action and/or issues would promote the ends of justice and serve economy and efficiency in handling the case. Thus, the dispute before the Court is what the equitable issues from the First and Fourth Causes of Action should be.

Both parties’ proposals as to the issues appear to be too narrowly framed. The Court modifies the issues to be bifurcated and tried first by way of a bench trial as follows:

1.    Whether Plaintiff Paul Buck has an enforceable, equitable servitude over Defendants Angelo and Lisa Garruba’s property in the form of the height restriction prohibiting structures and vegetation over 17 feet high.

2.    Assuming Plaintiff has an equitable, enforceable servitude in the form of the height restriction prohibiting structures and vegetation over 17 feet high, whether Plaintiff Paul Buck has standing to enforce said equitable servitude.

Plaintiff’s Requests for Judicial Notice

The Court GRANTS Plaintiff’s Requests for Judicial Notice for four documents, including Plaintiff’s First Amended Complaint; the Court's tentative ruling on Plaintiff’s Notice of Motion and Motion for Court Trial or Bifurcation of Equitable Issues entered on or about May 5, 2022; the Notice of Entry of Judgment or Order on Demurrer filed in this action; and the Minutes Finalized for Defendants’ Motion for Summary Judgment and/or Adjudication filed in this action, pursuant to Evidence Code section 452(d), but declines to take notice of truth of hearsay statements therein. (Lockley v. Law Office of Cantrell, Green, Pekich, Cruz & McCort (2001) 91 Cal.App.4th 875, 882.) 

Defendants’ Request for Judicial Notice

The Court GRANTS Defendants’ Request for Judicial Notice of two documents consisting of the Master CC&Rs of Broadmoor Community HOA, and Supplemental CC&Rs of Broadmoor Community HOA, as public records under Evidence Code section 452(h), but declines to take judicial notice of the truth of the matter stated therein. (Herrera v. Deutsche Bank Nat'l Trust Co. (2011) 196 Cal.App.4th 1366, 1375.)

Plaintiff to give notice.