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.
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.
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 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.
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.
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.
The Court of Appeals for the Fourth Appellate District just held that an
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.
Summary by Mary M. Howell Esq.,CCAL, & Pejman D. Kharrazian, Esq. In
Summary by Mary M. Howell Esq.,CCAL, & Pejman D. Kharrazian, Esq. The case
Summary by Pejman D. Kharrazian, Esq.: Homeowner Dr. Artus and the association
Summary by Pejman D. Kharrazian, Esq.: Roseville Lodge No. 1293, Loyal Order
RICK FOWLER, Plaintiff and Respondent, v. GOLDEN PACIFIC BANCORP, INC., Defendant and
Summary by Pejman D. Kharrazian, Esq.: Fowler, a corporate director (not of a common
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.
Summary by Pejman D. Kharrazian, Esq.: Homeowner Omar built a room addition
Summary by Pejman D. Kharrazian, Esq.: Management company and the owner of the
Summary by Pejman D. Kharrazian, Esq.: Homeowner Doe filed a civil harassment restraining
Kahn v. Price (2021) 69 Cal.App.5th 223. Court of Appeals of California, First
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 No. B298119, 2021 Cal. App. LEXIS 780 (Ct. App. Sep.
NANCIE BROWN, Plaintiff and Appellant, v. MONTAGE AT MISSION HILLS, INC., Defendant and
Gonzalez v. Mathis (2021) 12 Cal.5th 29. Supreme Court of California August 19,
Rischbieter v. Blue Lake Springs (Aug. 11, 2021, No. C087880) __Cal.App.5th__ [2021 Cal.
Winchester Community Association v. Perrotta (July 20, 2021, No. C085295)___Cal.App.5th___ [2021 Cal. App.
Mezger v. Bick (2021) 66 Cal.App.5th 76. Court of Appeals of California, Second
Champir LLC v. Fairbanks Ranch Association No. D077384, 2021 Cal. App. LEXIS 576
Kracke v. City of Santa Barbara (2021) 63 Cal.App.5th 1089 Court of Appeals
364 F.Supp.3d 1158 (2019) Deborah SANZARO and Michael Sanzaro, Plaintiffs, v. ARDIENTE HOMEOWNERS
Auburn Woods I Homeowners Ass’n v. State Farm Ins. Co., 2020 Cal. App.
51 Cal.App.5th 943 (2020) RONALD F. COLEY, Plaintiff and Appellant, v. ESKATON et
BRIAN HILL, ANNE HILL, and INTERMOUNTAIN FAIR HOUSING COUNCIL, INC., Plaintiffs, v. RIVER
