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