Association

James F. O'Toole Co. v. Los Angeles Kingsbury Court Owners Ass'n

Good Law
126 Cal. App. 4th 549·2005 Cal. App. LEXIS 176·2005 Daily Journal DAR 1466·23 Cal. Rptr. 3d 894·2005 Cal. Daily Op. Serv. 1062
Court of Appeal of CaliforniaFebruary 3, 2005B172607California3,541 words

Opinion

Opinion

Vogel, J.

A plaintiffobtained a judgment against a homeowners association. When the association failed to pay the judgment and refused to levy a special emergency assessment against its members, the plaintiff obtained an order appointing a receiver and compelling the association to levy the emergency assessment. The association appeals, claiming it cannot be ordered to impose an assessment and, inferentially, that the judgment never has to be paid. We reject the association’s arguments and affirm the order.

FACTS

A.

After the common areas of the Los Angeles Kingsbury Court, a 46-unit condominium complex in Granada Hills, were damaged in the 1994 Northridge earthquake, the Los Angeles Kingsbury Court Owners Association hired an insurance adjuster, James R O’Toole Company, Inc., to deal with the Association’s insurer. The Association agreed to pay O’Toole 10 percent of the proceeds paid by its insurer but later refused to pay, notwithstanding that the Association received about $1.4 million in insurance proceeds. O’Toole sued the Association for breach of contract and won, and (in March 2002) a judgment was entered directing the Association to pay damages to O’Toole ($140,196.59)…

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