Tentative ruling on Nov. 09, 2022 in Santa Cruz County, CA - Case no: xxxxx609

22CV01609
763 LAS OLAS DRIVE LLC v. VORIS
DEMURRER
The demurrer is sustained in part and overruled in part.
Sustained without leave to amend: The demurrer to Plaintiffs’ 1st cause of action for
breach of equitable servitudes is sustained without leave to amend. The 1944 grant deeds for the
parcels include language restricting portions of any building extending further towards the Bay
of Monterey than a stated legal description/survey designation. There is no discussion in the
deeds as to the purpose of that restriction, and no specified “view protection.” There are several
other restrictions listed in the deeds that appear to be unenforceable and/or antiquated (for
example, “there shall never be constructed or maintained on said property any residence costing
less than $1500.00; […] that no building on said property shall remain unpainted or unstained for
more than 30 days except as to the portions thereof covered by shing….....