Lewow

Lewow v. Surfside III Condominium Owners Ass'n., Inc.

Good Law
137 Cal. Rptr. 3d 376·2012 Cal. App. LEXIS 99·203 Cal. App. 4th 128·2012 WL 310846
Court of Appeal of CaliforniaFebruary 2, 2012No. B230595California2,406 words

Opinion

Lead Opinion

Yegan, J.

aul Lewow unsuccessfully appeals from a $292,205.50 attorney fees order in favor of Surfside in Condominium Owners Association (Association). He contends that Association’s motion for attorney fees was not timely filed. While the trial court’s articulated rationale concerning a bankruptcy stay was erroneous, it reached the correct result. The trial court’s use of an unsound course of reasoning is not determinative as long as the result reached is correct. (E.g., Schabarum v. California Legislature (1998) 60 Cal.App.4th 1205, 1216 [ 70 Cal.Rptr.2d 745 ].) We conclude that there was good cause to extend the time for filing the attorney fees motion. We will affirm.

Factual and Procedural Background

On February 3, 2010, judgment was entered in favor of Association on appellant’s complaint for failure to perform its duties. On February 10, 2010, notice of entry of judgment was mailed to appellant. That same day, appellant filed for relief under chapter 13 of the United States Bankruptcy Code.

Association’s counsel prepared a motion for attorney fees pursuant to Civil Code section 1354, subdivision (c). The statute provides: “In an action to enforce the governing documents”…

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