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ZABRUCKY v. McADAMS

No. B167590.

28 Cal.Rptr.3d 592 (2005)

129 Cal.App.4th 618

John ZABRUCKY, et al., Plaintiffs and Appellants, v. Lloyd McADAMS, et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Seven.

Rehearing Denied June 3, 2005.

Attorney(s) appearing for the Case

Funsten & Franzen and Don Erik Franzen, Beverly Hills; Joshua Kaplan, for Plaintiffs and Appellants.

Rosario Perry, Santa Monica, for Marquez Knolls Property Owners Association as Amicus Curiae on behalf of Plaintiffs and Appellants.

Robert S. Gerstein, and Christopher Rolin, Woodland Hills, for Defendants and Respondents.

WOODS, J.

Plaintiffs John Zabrucky and Jaylene Zabrucky and defendants Lloyd McAdams and Heather Baines are adjoining neighbors in the Marquez Knolls area of Pacific Palisades. Amicus curiae Marquez Knolls Property Owners Association ("MKPOA") is a non-profit homeowners association for that area. Plaintiffs sued defendants alleging defendants' proposed addition to their residence would violate Paragraph 11 of the relevant covenants, conditions and restrictions ("CC...

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