Based on the “judicial deference” standard applicable to the ordinary maintenance decisions of homeowners associations (Lamden v. La Jolla Shores Clubdominium Homeowners Assn. (1999) 21 Cal.4th 249 (Lamden)), the trial court entered judgment against the plaintiffs on all but one cause of action. The court found the homeowners association liable for breaching an equitable servitude to indemnify the Affans for their casualty loss, and awarded the Affans their remediation costs of $33,800 as damages. The court denied all parties' requests for attorney fees and costs. Both the Affans and the homeowners association appealed.
We conclude the trial court erred in applying the Lamden rule of deference. The homeowners association failed to establish the factual prerequisites for applying the judicial deference rule. Additionally, the managing agent of the homeowners association has no claim to judicial deference under Lamden. Consequently, we reverse the judgment in part and remand for further proceedings in accord with the views expressed in this opinion. In the unpublished portion of this opinion, we affirm the damage award for plaintiffs on the equitable servitude claim.
BACKGROUND FACTS AND PROCEDURE
Recurrent Plumbing ProblemsIn 1986, Akil and Cenan Affan bought unit 107 in the Portofino Cove Condominiums as a vacation home. They live in Arizona and usually spend a few weeks a year vacationing in their condo. Since 1999, the Affans experienced a series of plumbing backups in their unit. From 1999 to 2005, every time they arrived at their condo for a visit, they found sewage residue in their kitchen sink or in the sink and tub in their master bathroom. This happened nine times in that six-year span.
Judge(s): Richard M. Aronson
Jurisdiction: California Court of Appeals, Fourth District
Related Categories: Property
|Circuit Court Judge(s)|
|Trial Court Judge(s)|
|Appellant Lawyer(s)||Appellant Law Firm(s)|
|Sivi Pederson||Allen B. Weiss & Associates|
|Allen Thomas||Allen B. Weiss & Associates|
|Allen Weiss||Allen B. Weiss & Associates|
|Jerome Jackson||Law Office|
|Doran Richart||Law Office|
|Appellee Lawyer(s)||Appellee Law Firm(s)|
|Jay Fullman||Jay D. Fullman A Professional Corporation|