Monthly Archives: April 2016

Almanor Lakeside Villas HOA v. Carson

Click here for opinion

Almanor Lakeside Villas reconfirms the power of an HOA under the Davis-Stirling Act, provides a solid outline of the discretion of the court to award attorneys fees, and reaffirms the inefficiencies of the civil litigation system.

The owner of a lodge within an HOA disputed certain fines assessed by the association.  At trial, the HOA estimated that the owner owed $54,000.00 in dues, fees, fines, and interest.  The judge in a court trial awarded the HOA $6,620.00.  Both sides moved for attorney’s fees.  The court concluded that the HOA prevailed and awarded the HOA $101,803.50 in attorney’s fees and costs.

The opinion provides a good summary of when courts do and do not have discretion to award fees and what goes into a determination of which side is the prevailing party.  It recognizes, however, that the Davis-Stirling Act (California Civil Code 4000-6150) requires an award of attorney’s fees to the prevailing party.

The owner successfully whittled the claim down by almost 90%, but he ends up having to pay almost twice the amount claimed by the HOA, in addition to his own fees and costs.  Sometimes, a good result yields a bad outcome for cases where attorney’s fees, as opposed to the merits, drive a lawsuit.

 

I thought I was reading the Onion….

I should feel better about increasing employment opportunities for lawyers. . . But this is sad.  Pats fans everywhere should be ashamed. 

Law360, New York (April 5, 2016, 3:53 PM ET) — A group of New England Patriots fans asked a Massachusetts federal court on Monday to issue a temporary restraining order that would save a first-round draft pick revoked by the NFL in connection to the Deflategate scandal, saying the punishment is unfair and discriminates against Pats fans.
The fans filed a complaint and expedited motion for a temporary restraining order and preliminary injunction that would prevent the league from revoking the Patriots’ pick ahead of the NFL draft scheduled to begin April 28.