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FOUNTAIN VALLEY v. DVA

Nos. G021233, G021948.

79 Cal.Rptr.2d 248 (1998)

67 Cal.App.4th 743

FOUNTAIN VALLEY CHATEAU BLANC HOMEOWNER'S ASSOCIATION, Plaintiff and Appellant, v. DEPARTMENT OF VETERANS AFFAIRS, Defendant and Respondent. Robert S. CUNNINGHAM, Petitioner, v. The SUPERIOR COURT of Orange County, Respondent; Fountain Valley Chateau Blanc Homeowner's Assoc., Real Party In Interest.

Court of Appeals of California, Fourth District, Division Three.

Rehearing Denied November 30, 1998.

Review Denied January 27, 1999.

Attorney(s) appearing for the Case

Fiore, Walker, Racobs and Powers and C. Mark Hopkins, Irvine, for Plaintiff and Appellant and Real Party in Interest.

Arnulfo Hernandez, Jr., Craig L. Stevenson, Elizabeth Carol Wied, Frank Perez Tays and Bruce A. Crane, Sacramento, for Defendant and Respondent Department of Veterans Affairs.

Cameron & Dreyfuss, Santa Ana, Lawrence J. Dreyfuss, Houston, TX, and Alexandria C. Phillips, Santa Ana, for Petitioner and as amici curiae on behalf of Defendant and Respondent Department of Veterans Affairs.

No appearance for Respondent.

OPINION

SILLS, Presiding Justice.

Like Shel Silverstein's proverbial Sarah Cynthia Sylvia Stout, the petitioner in this case, Robert S. Cunningham, would not take the garbage out. So, reminiscent of Sarah's daddy who, in the famous poem would scream and shout, Cunningham's homeowner's association did the modern equivalent. It instituted litigation. The association's theory in essence was that Cunningham's property constituted a fire hazard. Local fire authorities...

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