Appealability, Homeowner Associations: $180,442 Fees Award, $2,195 Expert Fee Award Under Section 998, And Certain Other Costs Awarded To HOA And Against Homeowner Sustained On Appeal

Good Pointer On Appealability—Separately Appeal § 998 Shifting Award As a Postjudgment Award, Or Be Damned!

            Kashani v. Wilshire House Assn., Case No. B296976 (2d Dist., Div. 1 Oct. 28, 2020) (unpublished) involved a HOA-homeowner dispute involving a right of first refusal battle to bid on a particular condo unit, with the HOA winning on summary judgment where the CC&Rs also had a fee-shifting clause.  HOA requested fees of $198,942, certain costs, and $2,195 in expert fees based on an unaccepted CCP § 998 offer.  In the end, the lower court awarded $180,442 in fees, awarded the expert fees, and awarded other costs with some reductions.

            Homeowner’s appeal was unsuccessful.  The lower court showed it did weigh reasonableness of fees issues by reducing the request by over $18,000.  Other routine costs awarded were no abuse of discretion.  As far as the section 998 expert witness fees which were recovered, the problem here was that homeowner failed to separately appeal a post-judgment ruling on these expenses, which left the appellate court without jurisdiction to consider any challenge to the expert fees.  (Pfeifer v. John Crane, Inc., 220 Cal.App.4^th 1270, 1316-1317 (2013).)  So, as we have stated many times before, separately, separately appeal fees and costs orders.