Appellate Court Upholds Award of $156,476.33 for Attorney Fees and Costs Incurred by Association in Defending Action by Owner / Vexatious Litigant

This case involves a dispute over a judgment that awarded a homeowner’s association (“Association”) attorney fees and costs that were incurred in connection with defending an action brought by an owner (“Owner”) whose property had been foreclosed on by Association.

In May 2022, Association obtained a judgment against Owner in the amount of $156,476.33 for costs and attorney fees. The court awarded the fees and costs to Association as the prevailing party in an action to enforce Association’s governing documents, and because Owner had previously been declared a “vexatious litigant” pursuant to pursuant to California Code of Civil Procedure §§ 391(c) and 391.3, which also allows for an award of attorney fees and costs. Vexatious litigants are those who engage in legal proceedings without having a legitimate claim. These litigants use the judicial process to annoy, embarrass, harass, or inflict legal expenses on others.

In his appeal, Owner failed to

Subscription Required to Continue Reading

To view the full HOA Featured Article, you must have a Subscription with HOA Member Services

Become a Member

Personal Monthly

$ 12.70 /month
  • Access to over 600 Articles & Case Decisions
  • Access to hundreds of Resources
  • HOA Newsletter
  • Free Copy of HOA LIVING
  • 25% OFF Download Forms
  • 1 User

Personal

$ 97 Annual
  • Access to over 600 Articles & Case Decisions
  • Access to hundreds of Resources
  • HOA Newsletter
  • Free Copy of HOA LIVING
  • 25% OFF Download Forms
  • 1 User

Pro

$ 297 Annual
  • Access to over 600 Articles & Case Decisions
  • Access to hundreds of Resources
  • HOA Newsletter
  • Free Copy of HOA LIVING
  • Free Unlimited Access to Download Forms (save $1000s!)
  • Unlimited Personal Support from HOA Attorney
  • 1 User

HOA Team

$ 347 Annual
  • Access to over 600 Articles & Case Decisions
  • Access to hundreds of Resources
  • HOA Newsletter
  • Free Copy of HOA LIVING
  • Free Unlimited Access to Download Forms (save $1000s!)
  • Unlimited Personal Support from HOA Attorney
  • Up to 10 Users

Get Your FREE
HOA Living Guide

 Get ready to level up your community! Dive into our guide for homeowners and management personnel in neighborhoods run by homeowners associations. Download now for essential tips and exclusive resources— improve your community with one click! 

Success, check your email for your guide!

Scroll to Top