County of Los Angeles v. Berk

605 P.2d 381, 26 Cal. 3d 201, 161 Cal. Rptr. 742, 1980 Cal. LEXIS 134
CourtCalifornia Supreme Court
DecidedJanuary 24, 1980
DocketL.A. 31099
StatusPublished
Cited by30 cases

This text of 605 P.2d 381 (County of Los Angeles v. Berk) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
County of Los Angeles v. Berk, 605 P.2d 381, 26 Cal. 3d 201, 161 Cal. Rptr. 742, 1980 Cal. LEXIS 134 (Cal. 1980).

Opinions

Opinion

MANUEL, J.

In March 1971, the City of Torrance and the County of Los Angeles (County), acting for themselves and as trustees for the [206]*206public, brought separate actions to establish a “public beach recreation easement” on certain property owned by Oscar and Shirley Berk, naming as defendants in addition to the Berks certain parties alleged to have security interests in the property. Answers and cross-complaints were filed by the Berks and other defendants. In their answers the Berks asserted a number of affirmative defenses, including estoppel and laches. Their cross-complaints, to the extent that they were directed against plaintiffs,1 sought declaratory relief negating the existence of the claimed easement and also money damages on theories of slander of title, unjust enrichment, and, with respect to County, inverse condemnation. The actions were consolidated for trial, and after a trial by the court judgments were entered in favor of plaintiffs in all respects. All defendants including the Berks appealed,2 but all appeals other than that of the Berks were dismissed by the Court of Appeal prior to our granting a hearing. Thus, only the Berk appeal is presently before us.3

I

The property here in dispute consists of slightly less than two contiguous acres of vacant shoreline land straddling the boundary line between the Cities of Torrance and Redondo Beach. It includes sandy beach areas (none of which presently extend to the mean high tide line) together with steep slopes and a considerable bluff area overlooking the ocean.4 Seaward from the property, and surrounding the sandy beach [207]*207portions thereof, is an expanse of what is now public beach. There are no visible artificial boundaries between the subject property and the public beach.

In the 1920’s this property, together with an additional parcel lying seaward from the Torrance portion thereof, was acquired by the developer of a neighboring residential area, the Hollywood Riviera tract. In 1928, the developer constructed a large private beach club on the bluff portion of the property for the use of owners of homes in the tract. Following the depression shares in the property were distributed among the Hollywood Riviera homeowners, who in 1947 sold a seaward portion of the property lying in Redondo Beach to County. In 1958, however, the beach club building burned to the ground, and the only evidence of it presently remaining consists of steps leading from the bluff to the beach below.

In 1963, the remaining property was sold to a real estate developer named Keillor, who planned to construct a highrise condominium thereon. He placed a small real estate office on a bluff portion of the property lying in Torrance and commenced a public promotion program designed to persuade local homeowners of the merits of his project. In this, however, he was unsuccessful. Meeting with strong and effective opposition from members of the Hollywood Riviera Homeowners’ Association, who wished to maintain the low-density character of the neighborhood, he abandoned the project in Torrance after being denied a variance by the city council in 1964. Thereupon Keillor turned his attention to the development of the bluff portions of the property which lay in Redondo Beach. Pursuant to these plans, in 1965 he negotiated an exchange of parcels with the County, trading a seaward parcel lying in Torrance for the seaward parcel in Redondo Beach which had previously been sold to the County by the former owners of the property.5 Again, however, his plans miscarried when he failed to obtain financing for the planned Redondo Beach development, and following subsequent difficulties in meeting his financial obligations under secured notes relating to the property, he filed a petition for bankruptcy. In November 1969, after the property had been held in receivership for approxi[208]*208mately one year, foreclosure was effected by one of the trust deed holders, Halperin, who then became the owner.

In 1970, Halperin, seeking to dispose of the property, opened an escrow on the remaining Torrance portion (i.e., the bluff area upon which the bulk of the private beach club had stood) with a group of developers. After it appeared, however, that the group’s plans, which contemplated the erection of a high-rise building, would require a density variance, local homeowners again mobilized their efforts, and when in July 1970 the request for variance was denied the escrow was terminated.

In the meantime, defendant Oscar Berk had become aware of the availability of the Redondo Beach portions of the property. After a personal inspection of the property he proceeded to consult county tax records and familiarize himself with applicable zoning and building requirements. In the course of these investigations he was advised of the likelihood of local homeowner opposition to any planned development but was given to understand that any such opposition would probably not affect his plans with respect to Redondo Beach. Upon learning of the termination of the escrow on the Torrance portion of the property, however, he expanded his investigations to include it as well. These soon revealed that homeowner opposition in Torrance was a more significant factor, the Hollywood Riviera Homeowners’ Association being composed of Torrance residents. In view of the experience of the previous group of prospective developers he was advised that development would be possible in Torrance only if he could create a plan which would require no variances. Concluding that this was possible, he proceeded to draw plans for a four-story apartment complex utilizing the bluff parcels in both Redondo Beach and Torrance. These plans were presented to officials in both cities. Upon being advised by these officials that his plan would require no variances from applicable zoning and building codes, he submitted an offer on the whole of the property and an escrow was opened.

During the pendency of the escrow Mr. Berk continued his discussions with city officials in both Redondo Beach and Torrance; these discussions were concerned with how, rather than whether, the project should proceed. On September 28, 1970, the escrow closed, and shortly thereafter Berk obtained a building permit from Redondo Beach. In February 1971, construction commenced on the Redondo Beach portion [209]*209of the property and Berk applied for a building permit in Torrance. At this point, however, members of the local homeowners’ body—who the previous autumn had become aware of the then-recent decision of this court in Gion v. City of Santa Cruz (consolidated with Dietz v. King) (1970) 2 Cal.3d 296 [84 Cal.Rptr. 162, 465 P.2d 50]—appeared before the Torrance City Council urging that an action be filed by the city to quiet title to public recreational easements on the Torrance portion of the property. On March 13, 1971, the Torrance action was commenced and shortly thereafter the County, after receiving a similar request, filed its own action with respect to the Redondo Beach portion of the property. An injunction was obtained preventing further construction during the pendency of the litigation.

II

Our decision in Gion-Dietz was filed on February 19, 1970, more than six months prior to the opening of the Berk escrow.

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Bluebook (online)
605 P.2d 381, 26 Cal. 3d 201, 161 Cal. Rptr. 742, 1980 Cal. LEXIS 134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/county-of-los-angeles-v-berk-cal-1980.