Bauer v. Likhterman CA4/3

Filed 1/12/26 Bauer v. Likhterman CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

DAVID P. BAUER,

Plaintiff and Respondent, G064695

v. (Super. Ct. No. 30-2021- 01214086) ALEKSANDR LIKHTERMAN, OPINION Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Thomas S. McConville, Judge. Affirmed. Request for judicial notice granted. Law Offices of John J. Jackman and John J. Jackman for Defendant and Appellant. Craig A. Sherman and Craig A. Sherman for Plaintiff and Respondent.

Defendant Aleksandr Likhterman challenges a judgment for his neighbor, plaintiff David P. Bauer, on a claim that Likhterman violated their community CC&Rs. He contends the court erred by granting declaratory and injunctive relief after rejecting Bauer’s separate nuisance claim. He also asserts, without substantive argument, that the court improperly awarded Bauer attorney fees. We conclude that the trial court properly granted declaratory and injunctive relief for the CC&R violations and that Likhterman forfeited any challenge to the attorney fees award. Accordingly, we affirm the judgment. FACTS Bauer sued Likhterman for (1) breach of CC&Rs and (2) nuisance.1 He alleged Likhterman violated their community’s CC&Rs by parking a commercial van on the street. Under the breach claim, Bauer sought declaratory and injunctive relief. At a bench trial, Likhterman admitted he was parking his van on the street and in his driveway during the day, asserting the CC&Rs did not restrict daytime parking. The trial court admitted into evidence the 2019 version of the CC&Rs, which limited commercial-vehicle parking to a designated community lot and made no exception for daytime parking.2 After trial, the court rejected Bauer’s nuisance claim but found for him on the breach claim. It declared that Likhterman violated the CC&Rs by “continuing to park his commercial van in an unpermitted manner” and