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CANCUN HOMEOWNERS v. CITY OF SAN JUAN CAPISTRANO

Docket No. G007218.

215 Cal.App.3d 1352 (1989)

264 Cal. Rptr. 288

CANCUN HOMEOWNERS ASSOCIATION, INC., Plaintiff and Appellant, v. CITY OF SAN JUAN CAPISTRANO, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Three.

October 30, 1989.

Attorney(s) appearing for the Case

COUNSEL

Duke, Gerstel, Shearer & Bregante, Ann M. McMenomy and Alan R. Johnston for Plaintiff and Appellant.

Chapman, Fuller & Bollard, H. Daniel Fuller and Tom Cadden for Defendant and Respondent.

OPINION

SONENSHINE, J.

Cancun Homeowners Association, Inc., appeals a summary judgment granted in favor of the City of San Juan Capistrano (the City). Specifically, Cancun objects to the trial court's conclusion that the City is immune from prosecution for negligence in the issuance of building and grading permits.

I

In 1986 Cancun filed a complaint for damages suffered by its condominium unit owners from the subsidence...

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