Lack Of Reporter’s Transcript Meant There Was An Inadequate Record, But The Lower Court Correctly Applied Lodestar Principles In Fashioning An Award.
Plaintiff homeowner successfully challenged an HOA board of directors election in Cruschen v. Annandale Townhouse Assn., Case No. B341189 (2d Dist., Div. 5 Dec. 24, 2025) (unpublished), although not winning some of his challenges and then moving to recover Davis-Stirling Act prevailing party fees from the HOA. After a contested hearing at which no court reporter was present, the lower court awarded homeowner $52,070 in fees—slightly cutting the lodestar request of $54,937.52 and fees on fees request down a little.
HOA’s appeal did not change the result. The lack of a reporter’s transcript independently was fatal, especially where an abuse of discretion decision-making standard is involved. However, on the merits, homeowner did achieve his practical objective in invalidating the election, and his unsuccessful claims were interrelated with the winning violation claim. Put another way, the limited success here did not require a substantial reduction in requested fees.