CA Ct. Says HOA that Dismissed Case is Entitled to Attorney Fees Because it “Got What it Wanted.”

Unpublished California Appellate Court decision (May 28, 2014).

This case involved an appeal by a homeowner from a lower court judgment that awarded a homeowners association legal fees as the prevailing party in a case against the homeowner.

The homeowners association brought suit against the homeowner seeking injunctive relief to compel compliance with its CC&Rs by the homeowner. After the trial court granted the association a preliminary injunction (a temporary injunction during the pendency of the case), the homeowner removed the improvements that were constructed […]