California Court of Appeal

In this case, the parties' dispute centers around a monthly fee that plaintiff-residents (as represented by the Marina Pacifica Homeowners Association) pay to defendant developers, or the developers' successor in interest, called the "assignment fee. " Judgment setting forth the amount owed under the 4 percent formulation for each unit and stating the unit owners collectively owed $2.43 million payable to defendants, which included prejudgment interest at the rate of 7 percent per annum, is: 1) reversed to the extent that it holds the assignment fee is an uncollectible transfer fee; 2) reversed for defendant SCFC, but not defendant Lansdale, on the breach of contract cause of action, and remanded to conduct further proceedings as necessary to enter an amended judgment including amended amounts due and owing for the assignment fee; and 3) affirmed in all other respects.

Appellate Information

• Decided 12/16/2014
• Published 12/17/2014

Judges

• Flier

Court

• California Court of Appeal

Counsel