California Court of Appeal

Dismissal of complaint and cross-complaint for lack of standing to sue, and post-judgment order awarding attorney fees to defendant, are affirmed over claims that: 1) plaintiff has standing because neither the complaint nor the cross-complaint was an action to enforce the CC&Rs; 2) the trial court improperly relied on res judicata in granting the motion judgment on the pleadings; and 3) fees were improper because this is not an action to enforce the CC&Rs.

Appellate Information

• Decided 06/30/2006
• Published 07/28/2006

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Feldsott & Lee and Martin L. Lee, Newport Beach, for Plaintiff and Appellant and for Cross-complainant and Appellant.


• For Appellees:
  
• Hickey & Petchul, David E. Hickey, Dirk E. Petchul, Irvine, J. Stuart Duncan and David M. Gillen, for Defendant and Respondent and for Cross-defendant, and Respondent.