Share

Plaintiffs and appellants Louis Share, Herbert Weiser, and Marvin D. Uritz (collectively, homeowners) appeal a postjudgment order denying them their litigation attorney’s fees from defendant and respondent Casiano Bel-Air Homeowners Association (hereafter Association).

For the reasons discussed below, the order denying attorney’s fees is reversed and the matter is remanded for a determination of whether the homeowners were the prevailing party and, if so, the amount of reasonable attorney’s fees.

Summary

The issue presented is whether the homeowners possess a contractual right to recover attorney’s fees incurred in a civil contempt proceeding to enforce a judgment against the Association.

The Casiano Estates development’s covenants, codes and restrictions (CC&R’s) require the Association to maintain the hillsides adjacent to the homeowners’ residences. The CC&R’s also contain an attorney’s fee clause.

In 1986, the parties litigant entered into a consent judgment, wherein the Association agreed to repair and maintain certain slopes.

Two years later, the homeowners instituted a civil contempt proceeding because of the Association’s continuing failure to comply. An…