Martin

Martin v. Bridgeport Community Assn., Inc.

Good Law
173 Cal. App. 4th 1024·2009 Cal. App. LEXIS 689·93 Cal. Rptr. 3d 405
Court of Appeal of CaliforniaApril 7, 2009B206686California5,758 words

Opinion

Opinion

Jackson, J.

INTRODUCTION

Plaintiffs James A. Martin and his wife, RaeAnn, appeal from a judgment against them, including the award of attorney’s fees and costs, entered after the trial court sustained a demurrer in favor of defendant Bridgeport Community Association. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Richard and Rachel Peterson (the Petersons) purchased a home constructed by Richmond American Homes (Richmond) in a planned development community named Bridgeport in Santa Clarita at 23944 Windward Lane, lot 33 (the Property). The Bridgeport Community Association, Inc. (BCA), was the homeowners association responsible for managing the common areas and enforcing the master declaration of covenants, conditions, and restrictions for Bridgeport (the CC&R’s) and rules and regulations (the R&R’s) for the community.

Pursuant to an arrangement with the Petersons, James Martin and his wife, RaeAnn (the Martins), agreed that the Martins would live at the Property and pay all the costs involved with the Property, including the mortgage payments. RaeAnn Martin is the Petersons’ daughter. They also agreed that the Martins would deal directly with BCA on any issues regarding the…

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