R|O attorney Jonathan R. Davis successfully defended a matter in the Court of Appeal against a homeowners association. After a neighbor filed a lawsuit attempting to force the Association to sign a dubious easement contract, the Association recorded its own maintenance document and successfully moved to dismiss the lawsuit. The trial court deemed the Association the prevailing party and awarded it attorneys’ fees. The neighbor appealed, arguing under the “catalyst theory” that it was the prevailing party because the suit caused the Association to record a maintenance document – despite the fact that the recorded document contained different terms than the contract at issue in the lawsuit. The Court of Appeal sided with the Association, reaffirming the general rule that a defendant in whose favor a dismissal is entered is the prevailing party.
Accommodations Aging Communities Amendment Assisted Living Balcony Inspections Board Meetings Bylaws CAI California Fair Housing and Employment Council CAMICB Cardinal Property Management CC&R CCAL CMCA Comfort Animals Common Areas Community Outreach Conflict with Wildlife Fair Housing Fair Housing Act Fair Housing Regulations Governing Documents HOA Board Education HOA Directors HOA Members Independent Contractor Judicial Foreclosure Liability Liability Insurance Neighbor to Neighbor Dispute Non-Judicial Foreclosure Outreach Panel Pending Real Estate Realtor Regulations Rentals Rules SB 721 Sexual Harassment Short Term Rentals Title Cleared