Mondragon

INTRODUCTION

The Marina City Club is a mixed-use real estate development containing both condominiums and apartments. A five-member Condominium Owners Association (COA) Board of Directors (Board) manages the finances of the COA and helps maintain the development. Essex Marina City Club, L.P. (Essex) owns and runs the apartments.1 The shared areas of the development are overseen by a Management Council consisting of two members of the COA Board, two representatives from Essex, and one mutually-agreed-upon independent member. Plaintiff and appellant Elena Mondragon, a COA Board member, sued defendants and respondents Neil Kelliher, Peter Bergmann, Louise Pesce, Lahdan Rahmati, and Donna Bryce, all of whom, at one time or another, served as COA Board representatives to the Management Council.2 Mondragon claims respondents breached their fiduciary duty by “their abject failure to comply with numerous documents that govern both the operation and maintenance of the Marina City Club … as well as the use and application of funds collected from members of” the

1 Essex is a defendant in the lawsuit but is not a party to this appeal. Likewise, Seabreeze Property Management Company, Inc.…