Windsor Square Homeowners Ass'n. v. Citation Homes

For the second time a homeowners association sued the builder and developer of a large condominium complex. The respondents, Citation Homes and Citation Builders, interposed the defense of res judicata. The trial court granted a motion to bifurcate, and held a court trial and determined that the matter was res judicata. Judgment was entered for respondents and the association appeals, claiming that it was entitled to a jury trial on the facts underlying the applicability of res judicata. For the reasons stated below, we affirm.

Statement of Facts

On October 15, 1986, Windsor Square Homeowners Association (appellant) filed a complaint for damages against the developer and general contractor of Windsor Square, an 82-unit condominium project in Sunnyvale, California. Appellant named Citation Builders as the primary defendant. On May 20, 1987, after settling its first lawsuit, appellant dismissed the entire action with prejudice.

On April 17, 1992, appellant filed the complaint in the instant action for damages against the developer and general contractor of Windsor Square. Plaintiff named Citation Homes as a defendant, and Citation Builders was sued as Doe 1. (Plaintiff…