HOA v./adv. Owner-Tenant

  • Summary Judgment in Favor of a Senior Community in Hemet
  • Rian Jones, Esq. of Epsten, APC defeats a $2 million dollar claim against a homeowners association
  • Civil Harassment Restraining Order: Homeowner filed an application for a civil harassment restraining order and sought a temporary restraining order against neighbor and sought an order of protection against the association’s board president for allegedly failing to enforce the association’s CC&R’s against the homeowner’s neighbor. Although the Court granted homeowner’s initial application for a temporary restraining order, at the hearing on the restraining order, the firm argued the homeowner’s application was devoid of any factual allegations that the board president had engaged in any harassment of homeowner. The Court vacated the temporary restraining order and dismissed the board president.


Construction Defect

  • Epsten, APC attorneys obtain a $1.8 million dollar settlement for the building owner in paint case involving a paint job gone bad.
  • Success after a long construction defect action alleging water and other damage to the common areas of a common interest development. The Court of Appeal upheld the confidentiality of certain litigation update meetings designed to inform the homeowners of the status of an ongoing construction defect lawsuit.
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  • Following settlement of construction defect litigation, Epsten, APC successfully negotiated a multi-million dollar contract for the condominium homeowners association with a general contractor to repair various defects alleged in the underlying litigation.
  • Successfully negotiated a settlement for a matter in which a contractor performed reconstruction without the necessary permits which ultimately led to defects.
    The settlement allowed the Board to avoid litigation, the costs of which would have far outweighed the cost of reconstruction itself; and, the settlement fully funded the necessary repairs.


Assessment Recovery

  • The Epsten, APC Assessment Recovery Department was pleased to collect $68,839.36 on a delinquent account for a community association in La Jolla, California for their clients in 2015.
  • $35,000 collected on a delinquent account for a San Diego community association, resulting in very happy clients!