We conclude the building restriction is enforceable as a covenant running with the land under Civil Code 2 section 1462 and, accordingly, reverse with directions to enter judgment in favor of the Sharafis. (3) The three-dimensional portion or portions of property are described on a condominium plan or plans, as defined in Section 4120 or 6540 of the Civil Code. § 66427.1. 5] The declaration here was recorded in 1973. any injury to, or death of, a person caused by the wrongful act or neglect of another." The Sharafis contend the building restriction is enforceable as a covenant running with the land and as an equitable servitude. Please read the full disclaimer. 2005 California Health and Safety Code Sections 1440-1462 Article 1. 2017-11 and the September 2017 code supplement. A violation of this chapter is a misdemeanor or an infraction punishable pursuant to Section 19.8 of the Penal Code, as such section may be amended or renumbered from time to time. (Ord. * * * The agreement was a grant within the meaning of section 1462’ of the Civil Code. [FN. Justia - California Civil Jury Instructions (CACI) (2020) 1900. For more recent amendments to this code, refer to the CodeAlert page. Intentional Misrepresentation - Free Legal Information - Laws, Blogs, Legal Services and More 874) and the quoted language was adopted. Administration HEALTH AND SAFETY CODE SECTION 1440-1462 1440. Under the Restatement (Second) of Torts section 538A, a representation is an opinion “if it expresses only (a) the belief of the maker, without certainty, as to the existence of a fact; or (b) his judgment as to quality, value, authenticity, or other matters of judgment.” Current through Ordinance No. At that time, similar language was contained in former Civil Code section 1355. . 1985, ch. In 1985, the statutes were reorganized by the Davis-Stirling Common Interest Development Act (Stats. 6.04.240 Keeping of Animals and Fowl. The Note then analyzes Civil Code section 1462 and how the courts have misunderstood and unduly limited the sec-tion. The Note then traces the development in California of equitable servitudes. Escondido Municipal Code in Civil Code Sections 1462 and 1468.4 Under Section 1462, a covenant that benefits the property may run with the land, but not one that burdens it.5 Under Section 1468 both benefits and burdens can run with the land, but the former Section 1468 only applied to a covenant between the owner of land with the owner of other land.6 Section 1468 was 1462 §4, 1992). 1769, Added, 9/12/2006). The original provisions of section 1468 are briefly considered, followed by a more detailed analysis of the section as amended. This document is provided for informational purposes only. (Ord. Section 4100 or 6528 of the Civil Code, and the duration of the estate in the remainder of the property is the same as the duration of the estate in the condominiums. Bank of America (2014) 224 Cal.App.4th 1462, 1469. [3] Pursuant to Code of Civil Procedure, section 1283.1, the full panoply of discovery provided in Code of Civil Procedure section 1283.05 is "conclusively deemed to be incorporated into" an agreement to arbitrate if the dispute arises "out of . I . Note then traces the development in California of equitable servitudes Code section 1355 enforceable a! The wrongful act or neglect of another. Sharafis contend the building is... Grant within the meaning of section 1468 are briefly considered, followed a... Covenant running with the land and as an equitable servitude equitable servitudes more detailed analysis of Civil... Meaning of section 1468 are briefly considered, followed by a more analysis! By a more detailed analysis of the section as amended the statutes were reorganized by the Davis-Stirling Interest... ( CACI ) ( 2020 ) 1900 grant within the meaning of section ’! 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