Condo owner sued association for violation of CC&R’s, but dismissed most of the causes of action on the Friday prior to the trial date the following Monday. On Monday, the plaintiff successfully moved to continue the trial for the few remaining counts. A few weeks later, citing Civil Code §1354 (c), the association requested $252,767 for fees incurred in defending the eight causes of action dismissed. The trial court denied the fee request, and the Court of Appeal reversed. Salehi v. Surfside III Condominium Owner’s Assoc.(Cal. App. Second Dist., Div. 6; November 14, 2011) 200 Cal.App.4th 1146.
Leave a Reply
You must be logged in to post a comment.