Vivian

Vivian v. California Condominium Assn. CA2/8

Good Law
Court of Appeal of CaliforniaNovember 5, 2021B301696California4,349 words

Opinion

Opinion

BACKGROUND

We take the facts from the operative SAC, which we assume are true. (Cansino v. Bank of America (2014) 224 Cal.App.4th 1462, 1468 (Cansino).) The trial court granted

2 judicial notice of a host of complaints, rulings, and judgments in the prior cases, as well as recorded documents related to the property. We may consider those documents in evaluating the demurrer based on claim preclusion. (Boyd v. Freeman (2017) 18 Cal.App.5th 847, 855, fn. 3 (Boyd); Evid. Code, § 459, subd. (a).) We must accept the facts set forth in the judicially noticed material if they contradict allegations in the body of the complaint. (Cansino, at p. 1468.) 1. Allegations in the SAC Since 2007, Vivian owned a unit in a condominium complex in Long Beach. In late July or early August 2016, she had appraisers and potential buyers knocking at her door, asking to inspect the unit because it was in foreclosure. Vivian hired counsel to investigate. She discovered a notice of default had been recorded against her condo for delinquent condominium association dues, even though she was current on her dues and the condo was paid for. The notice of default was in the name of the prior owner, Robert…

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