Fernhill Owners Community Assn. No. 1 v. Garra CA4/3

Good Law
Court of Appeal of CaliforniaSeptember 19, 2024G062778California1,710 words

Opinion

Opinion

Gooding, J.

STATEMENT OF FACTS

In May 2018, Garra purchased a townhome in Huntington Beach, California (the Huntington Beach property). The Huntington Beach property is in a common interest development overseen by Fernhill HOA. In May 2019, Fernhill HOA filed a complaint against Garra, alleging she had violated Fernhill HOA’s governing documents by renting the Huntington Beach property to multiple third parties rather than using it as a single- family dwelling (the Action). In October 2019, Garra filed a cross-complaint in the Action. On or about November 15, 2021, Garra stopped renting out the Huntington Beach property and moved into it herself. Garra had been represented by counsel in the Action, but in December 2021, she filed a substitution of attorney giving notice she would be representing herself. The

1 Attorney fees were awarded against Garra individually and as Trustee of the Terese Helene Garra Trust (5/24/19).

2 All further statutory references are to the Code of Civil Procedure.

2 substitution form provided an address in Newport Beach, California for Garra (the Newport Beach property). In June 2022, Fernhill HOA voluntarily dismissed its complaint. Fernhill HOA served the…

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