Masters v. Burton
This appeal is about errant golf balls and the $2.15 million sale of a residence at the Spanish Hills Country Club. Appellants, Carolyn Master and Mark E. Moore, purchased the property knowing that it fronted a golf course fairway. They were told that errant golf balls would land on the property. (See e.g., Hellman v. La Cumbre Golf & Country Club (1992) 6 Cal.App.4th 1224, 1231.) Stray golf balls were such a common problem that the CC&R's required homeowners to (1) acknowledge the risks of property damage caused by errant gold balls, (2) assume the risk of property damage, personal injury, or death caused by errant golf balls, and (3) release, waive, discharge, and covenant not to sue past or present homeowners for liability arising out of errant golf balls.
Appellants sued the former owners (respondents Scott Burton and Linda Burton) and the Burtons' relocation company (respondents Executive Relocation dba SIRVA Relocation, LLC and SIRVA Relocation Credit, LLC (collectively SIRVA)) for concealment/non-disclosure of an errant golf ball hazard. Having lost at trial, appellants appeal from an order granting summary adjudication on a breach of contract cause of action and appeal from the judgment entered in favor of the Burtons and SIRVA on a rescission cause of action. The Burtons, in a separate appeal (B239447), contend that the trial court erred in denying their motion for $1.35 million attorney fees (Civ. Code § 1717) and ordering them to pay $45,000 discovery prove up costs (Code Civ. Proc., § 2033.420). We affirm.
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