California Court of Appeal
Affan v. Portofino Cove Homeowners Ass'n, G041379
In homeowners' suit against their homeowners association and its managing agent for damages after their condominium unit was flooded with sewage, trial court's entry of judgment against the plaintiffs on all but one cause of action is reversed in part and remanded as, the trial court erred in applying the Lamden rule of deference as the homeowners association failed to establish the factual prerequisites for applying the judicial deference rule, and the managing agent of the homeowners association has no claim to judicial deference under Lamden.
- Decided 10/29/2010
- Published 10/29/2010
- California Court of Appeal
- For Appellant:
- Allen B. Weiss, Jerome M. Jackson