Fidelity Mortgage Trustee Service, Inc. v. Ridgegate East Homeowners Ass'n

Opinion

TURNER, P. J.

I. Introduction

Plaintiff, Fidelity Mortgage Trustee Service, Inc., 1 appeals from a judgment following the grant of the summary issue adjudication motions of defendants, Ridgegate East Homeowners Association (Ridgegate) and Bali Management, Inc. (Bali). In granting the summary issue adjudication motions, the trial court concluded Code of Civil Procedure section 1021.6 2 applied to the facts of this case. We conclude a triable controversy exists as to the application of section 1021.6 to the present case given the showing made in the parties’ separate statements of…