Retzloff v. Moulton Parkway Residents’ Assn.

Plaintiffs 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. 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 association costs and attorney fees under Civil Code section 52351(c). Plaintiffs appealed the award. Finding no abuse of discretion in dismissed the second action as frivolous, thereby making the association entitled to fees, the Court of Appeal affirmed the trial court’s judgment. View "Retzloff v. Moulton Parkway Residents' Assn." on Justia Law