Westwood Montserrat v. AGK Sierra de Montserrat CA3

I. BACKGROUND

This appeal is the latest installment in a decade-long battle over Sierra de Montserrat, a planned residential community in Loomis, California. (Westwood Montserrat, Ltd. v. AGK Sierra de Montserrat, L.P., supra, C080395.) The story begins, for our purposes, with Westwood Montserrat’s demand for arbitration against AGK Sierra de Montserrat, L.P., Sierra de Montserrat Owners Association, and Robert C. and Jennielyn B. Kincade (together, the Kincades). (Ibid.) The arbitrator found Sierra de Montserrat Owners Association and the Kincades to be prevailing parties for purposes of an attorney fees provision in the declaration of covenants, conditions, restrictions, and

Westwood Montserrat is not a party to this appeal. For clarity, we refer to Deborah by her first name. Undesignated statutory references are to the Code of Civil Procedure.

2 easements for the planned residential community, and ordered Westwood Montserrat to pay their attorney fees and costs.4 (Ibid.) The trial court confirmed the arbitration award and entered judgments for Sierra de Montserrat Owners Association and the Kincades in the amounts of $176,539 and $124,764, respectively. (Ibid.)…