Gist Of The Suit Involved CC&Rs, So $38,595 Fee Award To HOA Was Proper.
We have posted on many homeowner associations/homeowner disputes. They can be heartbreaking for each side, sometimes because no one is the prevailing party such that substantial attorney’s fees are eaten by both parties. In the next case, it was resolved through a demurrer, with the fee award associated with that win—in favor of HOA–affirmed on appeal.
In Yu v. 2908 Deakin Street Homeowners’ Assn., Case Nos. A172169 et al. (1st Dist., Div. 5 Oct. 19, 2026) (unpublished), plaintiff—represented by his daughter as counsel—sued for a decades-old garbage/fine dispute, alleging constructive fraud and fiduciary breach claims. That was resolved against plaintiff through a demurrer to the Second Amended Complaint. HOA sought post-judgment fees, awarded the “full ask” of $38,595.
The merits and fee rulings were affirmed on appeal. The gist of plaintiff’s actions involved suing for CC&R compliance, which triggered the Davis-Stirling Act fee-shifting provision. Nothing more was needed, because plaintiff did not develop a cogent challenge to the amount of the fee award.