Loma Linda Homeowners Association v. Aquino CA4/1
D085390
Cal. Ct. App.Apr 22, 2025Background
- The Loma Linda Homeowners Association (Association) sued Jose Aquino, trustee of a trust owning a unit in the Association, alleging nearly $20,000 in delinquent HOA dues and seeking to enforce the Association’s CC&Rs.
- Aquino responded by filing a cross-complaint alleging fraud, breach of CC&Rs, and other claims against the Association and its attorney, claiming they conspired to defraud him.
- The trial court struck Aquino’s cross-complaint via an anti-SLAPP motion and awarded attorney’s fees to the Association and its attorney; judgment was entered against Aquino on these cross-claims.
- Before Aquino's discovery motion hearing, the Association voluntarily dismissed its complaint without prejudice.
- Aquino then filed for costs and attorney’s fees under the Davis-Stirling Act, arguing he was now the prevailing party due to the dismissal; the court denied both, ruling Aquino was not the prevailing party.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prevailing party status for attorney’s fees | Aquino not prevailing party; fees claim untimely | Dismissal makes Aquino prevailing under Davis-Stirling | Aquino not prevailing party; no abuse of discretion |
| Effect of missing hearing transcript on appeal | Record is inadequate; argument forfeited | Sought to augment record with transcript (belatedly) | Argument forfeited due to inadequate record |
| Competing CC&R claims and fee entitlement | Both parties' claims failed; neither can recover fees | Dismissal of HOA’s action should make Aquino prevailing | No side prevailed; trial court discretion upheld |
Key Cases Cited
- Hsu v. Abbara, 9 Cal.4th 863 (Cal. 1995) (discussing prevailing party determination when both parties' contract claims fail)
- Kurwa v. Kislinger, 57 Cal.4th 1097 (Cal. 2013) (final judgment requires resolution of all claims)
- Parrott v. Mooring Townhomes Assn., Inc., 112 Cal.App.4th 873 (Cal. Ct. App. 2003) (defendant can be prevailing party after plaintiff’s voluntary dismissal in Davis-Stirling litigation)
- Bankes v. Lucas, 9 Cal.App.4th 365 (Cal. Ct. App. 1992) (no prevailing party where both sides fail in CC&R enforcement actions)
- Tract 19051 Homeowners Assn. v. Kemp, 60 Cal.4th 1135 (Cal. 2015) (applying prevailing party principles to Davis-Stirling Act)