Legal Opinion

Palm Springs Villas II Homeowners Ass'n v. Parth

California Court of Appeal

Decided June 21, 2016No. D068731PublishedCited by 5 opinions

1Opinion of the Court

Opinion

AARON, J.—

I

INTRODUCTION

The Palm Springs Villas II Homeowners Association, Inc. (Association), appeals from a judgment entered in favor of Erna Parth, in connection with actions she took while simultaneously serving as president of the Association and on its board of directors (Board). The court granted Parth’s motion for summary judgment as to the Association’s claim for breach of fiduciary duty on the basis of the business judgment rule and an exculpatory provision contained in the Association’s declaration of covenants, conditions, and restrictions (CC&Rs). The court had previously…

2Cases cited39 opinions

  1. Aguilar v. Atlantic Richfield Co.California Supreme Court · 2001
  2. Blank v. KirwanCalifornia Supreme Court · 1985
  3. Denham v. Superior CourtCalifornia Supreme Court · 1970
  4. People v. StanleyCalifornia Supreme Court · 1995
  5. Jolly v. Eli Lilly & Co.California Supreme Court · 1988

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3Cited by5 opinions

  1. O'Neal v. Stanislaus County Employees' Retirement Assn.California Court of Appeal · 2017
  2. Avetisyan v. Drinker Biddle & Reath CA2/7California Court of Appeal · 2021
  3. De Martin v. La Jolla Pharmaceutical CA4/1California Court of Appeal · 2020
  4. De Martin v. La Jolla Pharmaceutical CA4/1California Court of Appeal · 2020
  5. Powers v. CovelloDistrict Court, N.D. California · 2022

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