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6 California opinions name it 2 courts 1968–2023 1 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Richardson v. Callahangreen2 sentences1995Enterprises, Inc., supra, 205 Cal. App.3d at p. 1544 ; see also Richardson v. Callahan (1931) 213 Cal. 683, 686 [ 3 P.2d 927 ].) In 1968 and again in 1969, section 1468 was amended to make covenants that run with the land analytically closer to equitable servitudes. 1995Enterprises, Inc., supra, 205 Cal. App.3d at p. 1544 ; see also Richardson v. Callahan (1931) 213 Cal. 683, 686 [ 3 P.2d 927 ].) In 1968 and again in 1969, section 1468 was amended to make covenants that run with the land analytically closer to equitable servitudes. | 1 | 1 |
Taormina Theosophical Community, Inc. v. Silvergreen2 sentences1988(See, e.g., Taormina Theosophical Community, Inc. v. Silver (1983) 140 Cal.App.3d 964, 972, fn. 3 [ 190 Cal.Rptr. 38 ], where the court said: “Civil Code section 1468 which also describes when a covenant will run, is not applicable to this case. 1988(See, e.g., Taormina Theosophical Community, Inc. v. Silver (1983) 140 Cal.App.3d 964, 972, fn. 3 [ 190 Cal.Rptr. 38 ], where the court said: “Civil Code section 1468 which also describes when a covenant will run, is not applicable to this case. | 1 | 1 |
Clark v. Clarkgreen2 sentences1968(Clark v. Clark, 148 Cal.App.2d 223, 228 [ 306 P.2d 556 ].) Under the doctrine of equitable servitudes, restrictions under a general plan for a subdivision may be enforced against successors of the original grantee-covenantor. 1968(Clark v. Clark, 148 Cal.App.2d 223, 228 [ 306 P.2d 556 ].) Under the doctrine of equitable servitudes, restrictions under a general plan for a subdivision may be enforced against successors of the original grantee-covenantor. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Marra v. Aetna Construction Co.
green
2 sentences2020(Boldface omitted.) MES bases the argument on the following passage from Marra v. Aetna Const. Co. (1940) 15 Cal.2d 375 at page 378 (Marra): “Even though a covenant does not run with the land, it may be enforceable in equity against a transferee of the covenantor who takes with knowledge of its terms under circumstances which would make it inequitable to permit him to avoid the restriction.” Marra is inapposite. 8 The passage from Marra concerns the “doctrine of equitable servitudes,” which can be invoked to enforce a covenant in equity that cannot be enforced under the law. 2020(Boldface omitted.) MES bases the argument on the following passage from Marra v. Aetna Const. Co. (1940) 15 Cal.2d 375 at page 378 (Marra): “Even though a covenant does not run with the land, it may be enforceable in equity against a transferee of the covenantor who takes with knowledge of its terms under circumstances which would make it inequitable to permit him to avoid the restriction.” Marra is inapposite. 8 The passage from Marra concerns the “doctrine of equitable servitudes,” which can be invoked to enforce a covenant in equity that cannot be enforced under the law. | 3 | 2020–2023 |
Citizens for Covenant Compliance v. Anderson
green
2 sentences2023Equitable Servitudes The doctrine of equitable servitudes applies in California, which has “accumulated its own body of rules.” (Citizens for Covenant Compliance v. Anderson (1995) 12 Cal.4th 345, 353 .) The doctrine makes enforceable, in equity, a covenant relating to property that might be otherwise unenforceable. 2023Equitable Servitudes The doctrine of equitable servitudes applies in California, which has “accumulated its own body of rules.” (Citizens for Covenant Compliance v. Anderson (1995) 12 Cal.4th 345, 353 .) The doctrine makes enforceable, in equity, a covenant relating to property that might be otherwise unenforceable. | 1 | 2023–2023 |
Werner v. Graham
green
2 sentences1995(E.g., Werner v. Graham (1919) 181 Cal. 174 [ 183 P. 945 ].) Because of the statutory limitations on covenants running with the land, at least before section 1468 was amended, California courts have “[traditionally” analyzed CC&R’s under the doctrine of equitable servitudes. 1995(E.g., Werner v. Graham (1919) 181 Cal. 174 [ 183 P. 945 ].) Because of the statutory limitations on covenants running with the land, at least before section 1468 was amended, California courts have “[traditionally” analyzed CC&R’s under the doctrine of equitable servitudes. | 1 | 1995–1995 |
Scaringe v. J. C. C. Enterprises, Inc.
green
1 sentence1995Enterprises, Inc., supra, 205 Cal. App.3d at p. 1544 ; see also Richardson v. Callahan (1931) 213 Cal. 683, 686 [ 3 P.2d 927 ].) In 1968 and again in 1969, section 1468 was amended to make covenants that run with the land analytically closer to equitable servitudes. | 1 | 1995–1995 |