MacKinder

Defendant OSCA Development Company (OSCA), doing business as Desert Crest Country Club, initiated a small claims action against plaintiffs Robert and Edna Mackinder for fees allegedly due pursuant to a recorded declaration of restrictions. Plaintiffs, contending an earlier small claims judgment was res judicata and the declaration of restrictions does not apply to them, filed in the Riverside Superior Court the instant action for malicious prosecution, abuse of process, negligent infliction of emotional distress, and injunctive relief. OSCA cross-complained for declaratory relief and for recovery of the fees allegedly due pursuant to the declaration of restrictions together with attorney fees. The trial court gave judgment for OSCA but declined to award OSCA attorney fees notwithstanding that the declaration of restrictions provides for the recovery of attorney fees. OSCA appeals, contending it is entitled to an award of attorney fees; the Mackinders appeal from the judgment in favor of OSCA.

Facts

OSCA, doing business as Desert Crest Country Club, operates a mobilehome country club in Desert Hot Springs. In 1971, the developer recorded a “Declaration of Restrictions”…