Legal Opinion

Retzloff v. Moulton Parkway Residents' Ass'n

California Court of Appeal, 5th District

Decided August 23, 2017No. G053164PublishedCited by 3 opinions

1Opinion of the CourtMoore, J.

*745Plaintiffs Amber Retzloff, James Franklin, and Nancy Stewart sued defendant Moulton Parkway Residents' Association, No. One (the association), twice for alleged violations of the Davis-Stirling Common Interest Development Act ( Civ. Code, § 4000 et seq. ; the Act). The first suit was dismissed without prejudice by plaintiffs; the trial court sustained the association's demurrer to the second suit without leave to amend. The court further concluded that plaintiffs' second action was frivolous and awarded the *746association costs and attorney *333fees under Civil Code section 5235 1 , subdivision (c)…

2Cases cited13 opinions

  1. Panopulos v. MaderisCalifornia Supreme Court · 1956
  2. Vasquez v. CaliforniaCalifornia Supreme Court · 2008
  3. Reitano v. YankwichCalifornia Supreme Court · 1951
  4. Smith v. Selma Community HospitalCalifornia Court of Appeal · 2010
  5. Selby Constructors v. McCarthyCalifornia Court of Appeal · 1979

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3Cited by3 opinions

  1. Burch v. CertainTeed Corp.California Court of Appeal · 2019
  2. LNSU 1, LLC v. Alta Del Mar Coastal Collection Community Assn.California Court of Appeal · 2023
  3. Reyes v. Beneficial State BankCalifornia Court of Appeal · 2022

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