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Corporate Governance/Partnership Disputes - Representative Experience

  • Issues
  • Venue
  • Client Type
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  • Full Description
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  • Homeowners Associations; Governing Documents; Davis-Stirling Common Interest Development Act
  • Santa Clara County Superior Court, California
  • Homeowners Association
  • Stephan A. Barber
  • Plaintiff owns a single family residence within the property governed and managed by the Rancho Palma Grande Homeowners Association.  Plaintiff's residence was built on two units or lots within the development.  For many years, Plaintiff and his two predecessor owners were assessed two monthly dues because it was the HOA's position that the subject property comprised two "units" for purposes of the governing documents.  Plaintiff disputed the HOA's interpretation of the documents and claimed that he owns one unit, not two.  Plaintiff asserted a formal claim against the HOA as required by the Davis-Stirling Act.  The claim was denied and the parties agreed to pre-suit mediation at JAMS.  The mediation did not result in a settlement.  Plaintiff then filed suit, alleging causes of action for quiet title, declaratory judgment, and a permanent injunction.  Plaintiff sought damages in the form of reimbursement of the double monthly dues he had paid over the past several years.  A court trial was held in April 2012.  The trial judge accepted to HOA's interpretation of the governing documents and ruled against Plaintiff.

  • Judgment in favor of Rancho Palma Grande HOA.  The Judgment was affirmed on appeal and the Court of Appeal ruled in favor of the HOA on its Appeal/Cross-Appeal.  The HOA received judgment for the full amount of all attorney's fees and costs incurred from the time Plaintiff made his claim through the HOA's Second Motion for An Award of Attorney's Fees and Costs.