California Court of Appeal

In an action against defendant-condominium housing association for breach of fiduciary duty and negligence, judgment in favor of plaintiff-homeowners is affirmed over claims of error that: 1) the general verdict and special findings were inconsistent and irreconcilable and the special findings controlled; 2) the CC&R's alone determine the rights and obligations between the parties; 3) the trial court erred in applying the rules set forth in Lamden v. La Jolla Shores Clubdominium Homeowners Assn., 21 Cal.4th 249 (1999); 4) the trial court erred in instructions submitted to jury; 5) it erred in ordering the injunction; and 6) it erred in determining the plaintiffs were the prevailing parties.

Appellate Information

• Decided 08/21/2008
• Published 08/21/2008

Judges

• COOPER, P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Minton Ritter;  Feldsott & Lee, Stanley Feldsott and Martin L. Lee, Laguna Hills, for Plaintiffs and Respondents., Hillel Chodos;  Michael A. Chodos, Palos Verdes Estates, and Rehema Rhodes, for Defendants and Appellants.