Legal Opinion

Tract 19051 Homeowners Assn. v. Kemp

California Supreme Court

Decided March 5, 2015No. S211596PublishedCited by 20 opinions

1Opinion of the Court

Opinion

CANTIL-SAKAUYE, C. J.

The issue before us in this case is the validity of an attorney fee award granted in favor of defendant homeowners under former section 1354, subdivision (c), of the Civil Code, a provision of the Davis-Stirling Common Interest Development Act (Civ. Code, § 4000 et seq.; hereafter the CID Act). The CID Act applies to various types of development projects, but a common interest development for purposes of the act requires a project with a common area. (See 9 Miller & Starr, Cal. Real Estate (3d ed. 2011) § 25B:1, pp. 25B-6 to 25B-7 (rel. 10/2007).) Former section…

2Cases cited15 opinions

  1. Serrano v. PriestCalifornia Supreme Court · 1977
  2. Santisas v. GoodinCalifornia Court of Appeal · 1998
  3. Chia-Lee Hsu v. AbbaraCalifornia Supreme Court · 1995
  4. Trope v. KatzCalifornia Supreme Court · 1995
  5. People v. CornettCalifornia Supreme Court · 2012

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3Cited by20 opinions

  1. Mountain Air Enters., LLC v. Sundowner Towers, LLCCalifornia Supreme Court · 2017
  2. Kerkeles v. City of San JoseCalifornia Court of Appeal · 2015
  3. Chuck Close v. Sotheby's, Inc.Court of Appeals for the Ninth Circuit · 2018
  4. Kaura v. Stabilis Fund II, LLC, California Court of Appeal, 5th District2018
  5. Retzloff v. Moulton Parkway Residents' Ass'n, California Court of Appeal, 5th District2017

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

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