Las Lomas v. Madison CA1/5

Filed 7/31/23 Las Lomas v. Madison CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

LAS LOMAS LLC, A162046 & A162826 Plaintiff and Respondent, v. (Alameda County Super. Ct. No. RG20070955) HUEY P. MADISON, Defendant and Appellant.

In this lawsuit between the owners of neighboring commercial properties, Huey P. Madison (Defendant) appeals two trial court orders. We affirm both orders. BACKGROUND1 In August 2020, respondent Las Lomas LLC (Plaintiff) sued Defendant, alleging claims for breach of contract, specific performance of contract, intentional interference with contract, and declaratory relief. The complaint alleged the following facts: Plaintiff owns commercial property operating as a restaurant (Restaurant), which it leases to a third party tenant (Tenant), and

1 We recite only the background facts necessary to our resolution of

these appeals.

1

a nearby parking lot (Parking Lot), which is used by Tenant for employee and patron parking. Defendant owns an office building and an adjacent driveway (the Office), which are located in between the Restaurant and the Parking Lot, where he operates a dental practice. The complaint further alleged a prior owner of the Office granted an easement in favor of the Restaurant and Parking Lot, providing for access between the Restaurant and Parking Lot through an accessway located on the Office property. Prior owners also entered into a deed restriction agreement prohibiting the Office owners from blocking the accessway. The deed restriction provides it runs with the property. The complaint alleged Defendant violated the deed restriction by building a storage shed blocking the accessway between the Restaurant and Parking Lot; and by locking a gate to the driveway and refusing to provide access to Plaintiff and Tenant, including access Tenant needs to bring a dumpster stored in the back of the Restaurant to the street for pickup. The breach of contract, specific performance of contract, and intentional interference with contract causes of action all alleged injury caused by this allegedly wrongful conduct. The declaratory relief claim seeks a declaration of Plaintiff’s “entitlement to an easement over the driveway area located on the [Office].” Defendant filed a special motion to strike the complaint pursuant to Code of Civil Procedure section 426.16, the anti-SLAPP statute.2 Defendant’s motion argued Plaintiff’s complaint was filed in retaliation for (1) complaints Defendant made to the Alameda County Department of Health about waste storage at the Restaurant, (2) fliers Defendant circulated asking community