Cases Under Review: Tract 19051 HOA Set To Be Argued In February 2015

 

On Amended January 2015 California Supreme Court Calendar.

     An attorney’s fees case has been scheduled for argument on the California Supreme Court’s amended January 7, 2015 calendar, with a notation that it will be called and then continued for argument until the February 2015 calendar.

     Here is what the case is about:

     Tract 19051 Homeowners Association et al. v. Kemp (Maurice) et al., S211596. (B236015; nonpublished opinion; Superior Court of Los Angeles County; BC398978.) Petition for review after the Court of Appeal reversed an award of attorney’s fees and otherwise affirmed the judgment in a civil action. The court limited review to the following issue: Is a prevailing homeowner entitled to attorney’s fees under Civil Code section 1354 in an action by a homeowners association to enforce its governing documents as those of a common interest development when the homeowner prevailed because it was later determined that the subdivision was not such a development and its governing documents had not been properly reenacted?

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