Tract 19051 HOA And Williams Matters Set To Be Argued.
On February 4, 2015, the California Supreme Court will hear arguments in two prevailing defendant cases, one involving fee recovery and the second involving routine costs recovery.
In Tract 19051 Homeowners Association v. Kemp, No. S211596, the Court will consider whether a prevailing homeowner defendant is entitled to recover attorney’s fees under Civil Code section 1354 in an action to enforce governing documents when it is later determined that the HOA was not a common interest development and its governing documents were not properly enacted.
The second case, Williams v. Chino Valley Independent Fire Dist., No. S213100, concerns whether a prevailing defendant in a FEHA action is required to show plaintiff’s action was frivolous, unreasonable, or groundless in order to recover routine litigation costs.
Both cases were granted review previously by all seven of the state supreme court justices involved in the germane weekly conferences at the time. Argument is set in Sacramento, and likely will involve two recently appointed members—Justices Cuellar and Kruger.
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