Majestic Asset Management LLC v. The Colony at California Oaks Homeowners Assn
In October 2007, Majestic Asset Management LLC purchased the Cal Oaks Golf Course from prior owners.
Search Case Law
The material included in this section focuses on key published court cases that impact areas of law relevant to our practice areas and important to our clients. The court decisions featured here address topics such as interpretation and enforcement of governing documents, use and maintenance of common areas, fiduciary duties of directors, assessments and use of association monies, defamation and fair housing issues.
The real-world stories that provide the setting for court cases are often quite compelling and enlightening. Each year, at the Epsten Legal Symposium, we share with hundreds of attendees the latest information about pertinent cases decided throughout the year.
Please note that this compilation of cases contains materials we believe will most likely assist community association managers in board members in the performance of their duties. It is not intended to include every case that could possibly affect a community association. Results achieved in any given case depend upon the exact facts and circumstances of that case. Epsten cannot guarantee a specific result in any legal matter.
Published Decisions
2025
Olen Properties Corp. v. KCN A MANAGEMENT, LLC
The Koll Center Newport is a master-planned, mixed-use development area approximately 117 acres in size adjacent to John Wayne Airport in Newport Beach.
Schneider v. Lane
The Schneiders and Karla Lane own adjoining properties positioned along Trinity River in Alpine County.
Ohio House, LLC v. City of Costa Mesa
Ohio House, LLC operated a sober living facility for men recovering from addiction in Costa Mesa, California in a multi-family residential zone.
Nabatmama v. Ross Morgan & Co., Inc.
Plaintiff Jeffrey Nabatmama is a tenant within the Shenandoah Villas Homeowners Association. The association imposed over $106,000 in fines against plaintiff for alleged violations of its CC&Rs.
Bird Rock Home Mortgage, LLC v. Breaking Ground, LP
An owner had defaulted on the association’s assessments, so the trustee and agent for the association recorded a notice of delinquent assessment, a notice of default and election, and a notice of trustee’s sale.
11640 Woodbridge Condominium Homeowners’ Assn. v. Farmers Ins. Exchange
11640 Woodbridge Condominium Homeowners’ Association was in the middle of a re-roofing project when two rainstorms resulted in water intrusion in all the condominium units in the building.
Goldwater v. Superior Court
Jason Goldwater and Raphael Mena were neighbors, but they probably were not friends. In fact, they had a history of altercations.
Woolard v. Regent Real Estate Services, Inc.
Eric Woolard and Breonna Hall were tenants in the Greenhouse Community Association, and Eric Smith and Stacy Thorne were owners.
Ridley v. Rancho Palma Grande Homeowners Assn.
Plaintiffs Doug Ridley and Sherry Shen owned a condominium in the Rancho Palma Grande community association. Plaintiffs reported flooding in the common area crawlspace underneath their unit.
2024
Haidet v. Del Mar Woods Homeowners Assn.
The Haidets filed a lawsuit against the association alleging nuisance and breach of fiduciary duty claims against the board. The trial court partially dismissed the complaint after sustaining the association’s demurrer.
Wishing and Hoping Won’t Make It So: Colyear II and its Impacts on Older Planned Communities
Last year gave us an interesting case in the form of the second Colyear case, Colyear v. Rolling Hills Comm. Ass’n. of Rancho Palos Verdes (2024) 100 Cal.App.5th 110. And this one resulted in a major loss to the Association—rejecting the association’s attempt to enforce a tree-trimming covenant and the resultant $1.3 million dollars in attorneys fees awarded to the prevailing homeowner.
Dubac v. Itkoff (2024) 101 Cal.App.5th 540
Dubac sued Itkoff and Diamond, claiming that they had sent defamatory emails accusing Dubac of various wrongdoings, including being a pathological liar, committing perjury, and causing problems within the association.
Morris v. W. Hayden Ests. First Addition Homeowners Ass’n (2024) 104 F.4th 1128
The Morrises hosted a public multi-day Christmas festival to raise money for charity at their home in the association. They had previously hosted a similar festival at a prior home before purchasing in this community.
Court Rules Email Exchanges Without Board Action Are Not Board Meetings [Updated 2/12/2024]
Previously, we shared the ruling of the Court of Appeals for the Fourth Appellate District in LNSU#1 v. Alta Del Mar Coastal Collection Community Association (2023) 94 Cal. App. 5th 1050.
2023
LNSU #1, LLC, et al. v. Alta Del Mar Coastal Collection Community Association
The Court of Appeals for the Fourth Appellate District just held that an
Court Rules Email Exchanges Without Board Action Are Not Board Meetings [Updated 2/12/2024]
Previously, we shared the ruling of the Court of Appeals for the Fourth Appellate District in LNSU#1 v. Alta Del Mar Coastal Collection Community Association (2023) 94 Cal. App. 5th 1050.
Takiguchi v. Venetian Condo. Maintenance Corp.
Summary by Mary M. Howell Esq.,CCAL, & Pejman D. Kharrazian, Esq. In
Lake Lindero HOA v. Barone
Summary by Mary M. Howell Esq.,CCAL, & Pejman D. Kharrazian, Esq. The case
2022
Artus v. Gramercy Towers Condominium Assn.
Summary by Pejman D. Kharrazian, Esq.: Homeowner Dr. Artus and the association
Miller v. Roseville Lodge No. 1293
Summary by Pejman D. Kharrazian, Esq.: Roseville Lodge No. 1293, Loyal Order
Rick Fowler v. Golden Pacific Bancorp, Inc.
RICK FOWLER, Plaintiff and Respondent, v. GOLDEN PACIFIC BANCORP, INC., Defendant and
Fowler v. Golden Pacific Bancorp
Summary by Pejman D. Kharrazian, Esq.: Fowler, a corporate director (not of a common
Orangecrest Country Cmty. Ass’n v. Burns
Homeowner Burns submitted an architectural request for various improvements to her property, one of which was the construction of six-foot high stucco walls in her front yard.
Schwindt v. Omar
Summary by Pejman D. Kharrazian, Esq.: Homeowner Omar built a room addition
Ambassador Real Estate v. Kashay
Summary by Pejman D. Kharrazian, Esq.: Management company and the owner of the
Olson v. Doe
Summary by Pejman D. Kharrazian, Esq.: Homeowner Doe filed a civil harassment restraining
2021
Kahn v. Price
Kahn v. Price (2021) 69 Cal.App.5th 223. Court of Appeals of California, First
Norman v. Rancho Del Lago
Norman v. Rancho Del Lago (D.Ariz. Aug. 4, 2021, No. 19-CV-00486-TUC-JAS-LCK) 2021 U.S.Dist.LEXIS
Schrage v. Schrage
Schrage v. Schrage No. B298119, 2021 Cal. App. LEXIS 780 (Ct. App. Sep.
Brown v. Montage at Mission Hills, Inc.
NANCIE BROWN, Plaintiff and Appellant, v. MONTAGE AT MISSION HILLS, INC., Defendant and
Gonzalez v. Mathis
Gonzalez v. Mathis (2021) 12 Cal.5th 29. Supreme Court of California August 19,
Rischbieter v. Blue Lake Springs
Rischbieter v. Blue Lake Springs (Aug. 11, 2021, No. C087880) __Cal.App.5th__ [2021 Cal.
Winchester Community Association v. Perrotta
Winchester Community Association v. Perrotta (July 20, 2021, No. C085295)___Cal.App.5th___ [2021 Cal. App.
Mezger v. Bick
Mezger v. Bick (2021) 66 Cal.App.5th 76. Court of Appeals of California, Second
Champir LLC v. Fairbanks Ranch Association
Champir LLC v. Fairbanks Ranch Association No. D077384, 2021 Cal. App. LEXIS 576
Kracke v. City of Santa Barbara
Kracke v. City of Santa Barbara (2021) 63 Cal.App.5th 1089 Court of Appeals
2020
Sanzaro v. Ardiente Homeowners Ass’n, LLC
364 F.Supp.3d 1158 (2019) Deborah SANZARO and Michael Sanzaro, Plaintiffs, v. ARDIENTE HOMEOWNERS
Auburn Woods I Homeowners Ass’n v. State Farm General Insurance Company
Auburn Woods I Homeowners Ass’n v. State Farm Ins. Co., 2020 Cal. App.
Coley v. Eskaton
51 Cal.App.5th 943 (2020) RONALD F. COLEY, Plaintiff and Appellant, v. ESKATON et
Hill v. River Run Homeowners Ass’n
BRIAN HILL, ANNE HILL, and INTERMOUNTAIN FAIR HOUSING COUNCIL, INC., Plaintiffs, v. RIVER