Parrott

Parrott v. MOORING TOWNHOMES ASSN., INC.

Good Law

112 Cal. App. 4th 873·2003 Cal. App. LEXIS 1570·2003 Daily Journal DAR 11573·6 Cal. Rptr. 3d 116·2003 Cal. Daily Op. Serv. 9203

Court of Appeal of CaliforniaSeptember 23, 2003B163008California2,456 words

Opinion

Todd, J.

Peter M. Parrott and Lane P. Parrott appeal the award of attorney fees to respondent The Mooring Townhomes Association, Inc. (the Association) after appellants voluntarily dismissed their complaint seeking injunctive and declaratory relief against the Association. Appellants contend (1) the trial court was without jurisdiction to award attorney fees after the dismissal of the complaint, and (2) attorney fees are barred by Civil Code section 1717, subdivision (b)(2). We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The Association is comprised of owners of town homes located in a common interest development in Hermosa Beach, California. Appellants are members of the Association by virtue of their ownership of one of the town homes. On April 3, 2002, association members were notified that a vote was to be conducted on April 13, 2002, to consider approval of an assessment of $1,372,500, or $18,300 on each of the 75 owners, to replace all of the exterior siding of the town homes with stucco. Counsel for the Association informed the members that this “special assessment” required a vote of 51 percent of a quorum for approval. Appellants objected, asserting that the vote required…

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