Sungate Country Owners Assn. v. Stephens CA4/2

INTRODUCTION

Defendant Terry Stephens appeals from an order awarding plaintiff Sungate

Country Owners Association (Sungate) its attorney’s fees under former Civil Code

section 1354, subdivision (c).1 The record on appeal discloses that disputes between

Sungate and Stephens began as early as 2008. Sungate brought this action against

Stephens to compel compliance with its covenants, conditions, and restrictions (CC&Rs).

After the trial court granted a preliminary injunction, Stephens sold his property and

moved. Sungate dismissed the case without prejudice. The trial court made a mandatory

award of attorney’s fees of $13,482.50 to Sungate. (§ 1354, subd. (c).)CT 385}

On appeal, Stephens contends that the trial court deprived him of constitutional

due process by denying a continuance of the hearing on Sungate’s motion for attorney’s

fees and abused its discretion by determining that Sungate was the prevailing party. In

that we are dealing with a statutory award of attorney’s fees, the trial court did not lose

jurisdiction after Sungate filed a voluntary dismissal. (Parrott v. Mooring Townhomes

Assn., Inc. (2003) 112 Cal.App.4th 873, 876-877.) We hold there was no error…