Turner Law Firm wins 100% of attorney’s fees as the prevailing party in the view rights case!
In hard fight view rights related case, on February 14, 2012 Los Angeles Superior Court Judge the Honorable Richard L. Fruin granted the motion for attorney’s fees brought by the Turner Law Firm for its client as the prevailing party in an action to enforce alleged view rights under recorded the Declaration of Restrictions (CC&Rs).
Our client was the Defendant in the action and he was being sued by the Tract’s Association and 50+ neighbors to stop construction of a two-story home. Plaintiffs had sued under the Davis Stirling Act Civil Code §1351 et seq.) as a purported Common Interest Development. Our main defense was that the Tract was not Common Interest Development because there were no common areas; it was not a mandatory association; and it had no power to levy assessments and record liens.
After prevailing at trial, we brought a motion for attorney’s fees pursuant to Civil Code §1354(c), which provides that “[i]n an action to enforce the governing documents [of a Common Interest Development], the prevailing party shall be awarded reasonable attorney’s fees and costs.” We brought the motion even though we won the case for our client by proving that the Tract and Association were not a Common Interest Development. Our argument was based on that reciprocal nature of the statutory fees provision. Judge Fruin granted us 100% of the attorney’s fees and costs we incurred.
The Plaintiffs have filed a Notice of Appeal.