Farber v. Bay View Terrace Homeowners Ass'n, G036069
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.
- Decided 06/30/2006
- Published 07/28/2006
- California Court of Appeal
- 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.