Cases: Homeowner Associations

Brother/Sister Owners Of Adjoining Condominium Units Reap Attorney’s Fees Of $531,159 As Prevailing Parties In An Action Where They Won Damages Of $4,620 And Equitable Relief Requiring Disclosure of A Building Wide Problem.

Cases: Homeowner Associations, Cases: Prevailing Party

Second District, Division Eight Affirms Award in a Sharply Divided 2-1 Panel on the Fee Award Issues.             This next profiled case can only be described as … a doozy!             In 1998-1999, brother and sister (the eventual plaintiffs) bought two adjoining units in a Westwood 13-story condominium building […]

HOMEOWNER WINS ANTI-SLAPP ATTORNEY’S FEES AWARD BECAUSE HOMEOWNER’S ASSOCIATION BROUGHT FRIVOLOUS MOTION AGAINST HER CLAIMS

Cases: Homeowner Associations, Cases: SLAPP, Cases: Special Fee Shifting Statutes

Second District Affirms Fee Award and Clarifies That Frivolousness Findings Do Not Have to be Prolix in Nature.        If a plaintiff defeats an anti-SLAPP motion determined to be frivolous, the plaintiff must be awarded attorneys under the anti-SLAPP statute. (See Code Civ. Proc., § 425.16(c).) Frivolousness requires a finding that the anti-SLAPP

In PRO PER APPELLANT LOSES CHALLENGES TO APPELLATE ATTORNEY FEE AWARD FOR BRINGING A FRIVOLOUS APPEAL OF AN ANTI-SLAPP ORDER

Cases: Billing Record Substantiation, Cases: Homeowner Associations, Cases: Reasonableness of Fees, Cases: SLAPP, Cases: Special Fee Shifting Statutes, Cases: Substantiation of Reasonableness of Fees

Fourth District, Division 3 Sanctions Losing In Pro Per Plaintiff By Affirming $40,000 Attorney’s Fees Award.             Previously, an in pro per litigant filed an anti-SLAPP motion to strike a fraudulent transfer complaint by an opponent.  (See Code Civ. Proc., §425.16 [anti-SLAPP statute].)  In pro per lost the motion, and the trial

HOMEOWNER AND HOMEOWNER ASSOCIATION BOTH GNASH THEIR TEETH—SANTA ANA COURT OF APPEAL FINDS NO PREVAILING PARTY, WITH EACH SIDE BEARING SUBSTANTIAL ATTORNEYS FEES IN AN IRRIGATION PIPE CONTROVERSY

Cases: Homeowner Associations

Fourth District, Division 3 Affirms Trial Court’s Finding That Neither Homeowner Nor HOA Prevailed for Purposes of Obtaining a Fee or Cost Award.             In a previous post (see May 17, 2008 post), we commented on how homeowner-homeowner association (HOA) disputes can be costly and can be financially devastating to the losing

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