Haidet

INTRODUCTION

Condominium owners Gregory and Kathleen Haidet filed this action against their homeowners association, Del Mar Woods Homeowners Association (the HOA), and others alleging that their upstairs neighbors’ improperly installed floors are a nuisance. The HOA demurred to the Haidets’ initial complaint. The trial court sustained the demurrer, dismissing one cause of action without leave to amend and two causes of action with leave to amend. The Haidets opted not to amend their claims against the HOA, instead filing an amended complaint naming only other defendants. The Haidets filed a motion to dismiss the HOA without prejudice, while the HOA filed a motion to dismiss with prejudice. The trial court granted the HOA’s request for dismissal and awarded the HOA attorney fees. The Haidets appeal, arguing the trial court should have dismissed the HOA without prejudice because, among other things: (1) the Haidets filed a timely amended complaint, (2) they subsequently filed a request for dismissal without prejudice, and (3) although they did not name the HOA in their amended complaint, they could have stated valid claims against the HOA.

We find these arguments unpersuasive in…