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COSTA SERENA OWNERS COALITION v. COSTA SERENA ARCHITECTURAL COMM.

Nos. D052903, D053159, D053553.

175 Cal.App.4th 1175 (2009)

COSTA SERENA OWNERS COALITION, Plaintiff and Respondent, v. COSTA SERENA ARCHITECTURAL COMMITTEE, Defendant and Appellant. COSTA SERENA OWNERS COALITION, Plaintiff and Respondent, v. COSTA SERENA ARCHITECTURAL COMMITTEE, Defendant and Respondent; JESS DIAZ, Movant and Appellant. COSTA SERENA OWNERS COALITION, Plaintiff and Appellant, v. COSTA SERENA ARCHITECTURAL COMMITTEE, Defendant and Respondent.

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

June 24, 2009.

Attorney(s) appearing for the Case

Lewis Brisbois Bisgaard & Smith, Jeffry A. Miller, Matthew B. Stucky, Esther P. Holm and Lisa Ricksecker for Defendant and Appellant and for Defendant and Respondent.

Shifflet, Kane & Konoske and Gregory C. Kane for Plaintiff and Respondent and for Plaintiff and Appellant.

K. Martin White for Movant and Appellant.

OPINION

AARON, J.—

I.

INTRODUCTION

Costa Serena is a planned development located in Oceanside, California, that was built in the 1970's. A "Declaration of Restrictions" that governed the community was set to expire at the end of 2006. During that year, a group of homeowners led by the Costa Serena Architectural Committee (the Architectural Committee)—a committee comprised of homeowners who had been elected to...

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