Supreme Court of California

In this case, defendants were awarded attorney fees in the underlying lawsuit under former section 1354(c) of the Civil Code, a provision of the Davis-Stirling Common Interest Development Act (CID Act). The Court of Appeal affirmed the trial court’s judgment in favor of defendants on the merits but reversed the trial court’s award of attorney fees to defendants. The judgment of the Court of Appeal insofar as it reversed the attorney fee award in favor of defendants is reversed, where: 1) the trial court’s award of attorney fees is supported by the language of the statute, as plaintiffs’ underlying lawsuit was an action to enforce the governing documents of a common interest development, and defendants were the prevailing party; and 2) because plaintiffs clearly would have been entitled to an award under the statute had they prevailed in the action, denying defendants an award when they were the prevailing party would violate the reciprocal nature of the statute and thus defeat the legislative intent underlying the statute.

Appellate Information

• Decided 03/05/2015
• Published 03/05/2015

Judges

• Cantil-Sakauye

Court

• Supreme Court of California

Counsel