Westwood Village Condominium Assn. v. Allen CA1/5

I. FACTS AND PROCEDURAL HISTORY

Westwood is a homeowner’s association for a condominium complex. In May 2020, it sued the owner of one of the condominiums, Jack E. Zuschin, as an individual and as Trustee of the Jack E. Zuschin Revocable Trust dated May 14, 2011 (Zuschin). The complaint alleged that Zuschin breached the association’s covenants, conditions and restrictions (CC&Rs) by causing “excessive noise, inviting homeless individuals to the project, parking prohibited recreational vehicles in the common areas, [and] littering the common area with cigarette butts, trash, motorcycle parts, damp boxes and broken furniture.” (See Civ. Code, § 5975 [association may enforce CC&Rs against owner].) Zuschin was declared mentally incompetent, and Allen became the successor trustee in May 2021. Westwood filed a first amended complaint adding Allen, as the new trustee of the trust, as a defendant and alleging that Allen in that capacity was the legal owner of the condominium. Westwood continued to allege that Zuschin, as an individual and as trustee, was the legal owner of the property. The amended complaint referred to Zuschin and Allen as “Defendants.” (Only Allen has appealed. We…