Legal Opinion

Ostayan v. Nordhoff Townhomes Homeowners Ass'n

California Court of Appeal

Decided July 3, 2003No. B159242PublishedCited by 11 opinions

1Opinion of the Court

Opinion

MOSK, J.

Defendant Nordhoff Townhomes Homeowners Association, Inc. (the Association) obtained summary judgment in the trial court on a complaint alleging (1) that the Association had been negligent and had breached its fiduciary duty to former Association member and plaintiff Sam Ostayan (Ostayan) and (2) a constructive trust of a portion of the funds received by the Association in a lawsuit against its insurance carrier. Ostayan claims he is entitled to a share of the litigation settlement proceeds received by the Association after Ostayan sold his condominium because he had not been…

2Cases cited13 opinions

  1. Aguilar v. Atlantic Richfield Co.California Supreme Court · 2001
  2. Harris v. Capital Growth Investors XIVCalifornia Supreme Court · 1991
  3. Frances T. v. Village Green Owners Assn.California Supreme Court · 1986
  4. O'CONNOR v. Village Green Owners Assn.California Supreme Court · 1983
  5. Lamden v. La Jolla Shores Clubdominium Homeowners Ass'nCalifornia Supreme Court · 1999

8 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Golden Eagle Land Inv., L.P. v. Rancho Santa Fe Ass'n, California Court of Appeal, 5th District2018
  2. Castillo v. BarreraCalifornia Court of Appeal · 2007
  3. Fortunato v. Superior CourtCalifornia Court of Appeal · 2003
  4. Seahaus La Jolla Owners Ass'n v. Superior CourtCalifornia Court of Appeal · 2014
  5. W. Heritage Ins. Co. v. Frances Todd, Inc., California Court of Appeal, 5th District2019

6 more not listed; retrieve them via the Exa API.

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