Bolgar

BACKGROUND

Our opinion in a previous appeal in this litigation summarized the proceedings as follows: “Bolgar owns a one-bedroom unit in Glen Donald Apartments, a 94-unit common interest development in Los Angeles. His suit against Glen Donald and various other defendants was originally dismissed after the superior court sustained defendants‟ demurrers without leave to amend. Bolgar appealed, and we reversed in part, concluding that Bolgar had adequately alleged a claim that Glen Donald had overcharged him for certain assessments. As we explained, „[u]nless the governing documents provide otherwise, monthly assessments and special assessments must be imposed equally on a per unit basis.‟ (Bolgar v. Harris Properties, Inc. (June 2, 2009, B208257) [nonpub. opn.].) We affirmed the dismissal of the complaint as to all other claims and defendants. “On remand, Glen Donald moved for summary judgment. Glen Donald introduced evidence showing that the common interest development‟s governing documents provide that certain assessments are calculated in proportion to each unit‟s share of the total value of the development, while other assessments are imposed equally on a per unit basis. Glen…