The Court found BWB&O’s HOA-client “largely achieved its litigation objectives to defend against Plaintiff’s claims and his requests for damages,” affirming that the HOA was the prevailing party.
Partner JohnPaul Salem and Associate Kaylan Bland-Fetters successfully defended their HOA-client in a three-week jury trial in San Diego, California, arising out of a Plaintiff-homeowner bringing six causes of action to enforce the governing documents and seeking at least $63,000 in damages. After prevailing on four of the six causes of action in favor of the HOA and containing Plaintiff’s damages to just $7,200 less than the civil statutory minimum and also beating the HOA’s pre-trial offer to compromise, BWB&O’s client brought a motion for attorney’s fees and costs pursuant to the governing documents and the Davis-Sterling Act (California Civil Code § 5975).