Harboring Villas Homeowners Ass'n. v. Superior Court of Orange County

Harboring Villas Homeowners Association (Association) is a nonprofit corporation composed of owners of condominium units (units). The complaint alleges CE MAR Las Vegas IX, Inc. (developer) was a real estate builder and the developer of the units. The Association seeks review of the trial court’s order sustaining developer’s demurrer on the grounds of misjoinder of parties and ordering the Association to amend its complaint to name the secured lenders (the lenders) of each condominium unit. We hold that the lenders are not indispensable parties because the pleadings do not “demonstrate a substantial risk of multiple liability sufficient to require that additional parties be joined in the complaint.” (Union Carbide Corp. v. Superior Court (1984) 36 Cal.3d 15, 22 [ 201 Cal.Rptr. 580 , 679 P.2d 14 ].)

Facts

The Association’s suit alleged various defects and deficiencies in the construction of the units and requested compensatory damages. The Association brought the action under Code of Civil Procedure section 383 on its own behalf and in its representative capacity. As is provided under this section, the individual unit owners are not plaintiffs. (Code. Civ. Proc., § 383,…