California Court of Appeal

In a case in which judgment was entered in favor of a condominium association on a complaint for failure to perform its duties, against a plaintiff who subsequently filed for Chapter 13 bankruptcy, the trial court's award of attorney's fees to the association is affirmed, where: 1) although the motion for fees was not timely filed, there was good cause for the delay, as it was understandable that the association was mistaken on the complex and debatable issue of whether the bankruptcy stay tolled the limitations period; and 2) although the trial court's articulated rationale for granting the fees was erroneous, its acceptance of the association's tolling argument was tantamount to a finding of good cause based on mistake.

Appellate Information

• Decided 02/02/2012
• Published 02/02/2012

Judges

• Yegan

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Susan J. Salehi, William M. Slaughter