Further Fee Proceeding Remand Occurs In Decade-Spanning Litigation.
Cathedral Hill Tower Condominium Assn. v. Garbar, Case No. A144036 (1st Dist., Div. 3 Mar. 27, 2018) (unpublished) was the latest appeal by homeowners against HOA in a decade-spanning action involving claims for nuisance, negligence, and breach of contract by HOA. A jury found in homeowners’ favor and awarded them nuisance personal injury damages of $280,000, although the trial court denied the negligence and breach of contract claims on procedural or substantive grounds. The trial judge later granted a JNOV motion in HOA’s favor on the nuisance claim, subsequently awarding HOA $707,117 as the prevailing party under Civil Code section 5975.
The fee award fell upon review because the appellate court determined that the JNOV on the nuisance claim was improper such that the jury verdict was reinstated. Because this did impact the prevailing party determination, the matter was remanded for a relook on the fees issue.
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