Cutujian v. Benedict Hills Estates Association

49 Cal. Rptr. 2d 166 (1996)

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Cutujian v. Benedict Hills Estates Association

California Court of Appeal
49 Cal. Rptr. 2d 166 (1996)

MP

Facts

In 1988 Eric Cutujian (plaintiff) purchased a lot to build a house on in the Benedict Hills Estates residential development. Sometime between 1976 and 1978, a surface slump occurred on the fill slope in that lot. From that time until Cutujian bought the lot, the lot remained vacant. The development’s conditions, covenants, and restrictions (CCRs) required the Benedict Hills Estates Association (the association) (defendant) to maintain and make necessary and appropriate repairs and replacements to the manmade and natural slopes in the common areas and in the individual lots. While escrow was pending on Cutujian’s purchase, Cutujian demanded that the association repair the damage to the slope as required by the CCRs. When discussions with the association about the repairs stalled, Cutujian repaired the slope at his own expense, and in 1989 he sued the association to recover his costs. Cutujian initially pleaded a claim for breach of the CCRs, but after the association raised a statute-of-limitations defense, Cutujian amended his complaint to allege a claim for a continuing nuisance. The trial court found that Cutujian’s claim was barred by the statute of limitations, and he appealed.

Rule of Law

Issue

Holding and Reasoning (Croskey, J.)

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