Sarah and Glenn Hoofman appeal summary judgment in favor of respondent and cross-appellant Pacific Crest Community Association (PCCA). The Hoofmans commenced a class action on behalf of all members of PCCA and sued the developers of their single-family home’s development, as well as PCCA, after a landslide on an allegedly defective common area slope damaged plaintiffs’ home. Plaintiffs asserted a claim for breach of fiduciary duty based on plaintiffs’ contention the developer-controlled board of PCCA concealed the defects and improperly increased assessments to shift the cost of the repair from the developers to PCCA. The trial court granted summary judgment for PCCA principally on the basis that (1) plaintiffs had failed to show an actual increase in assessments and, (2) any damage award to the class would be paid by PCCA. PCCA crossappeals the trial court’s denial of its cost bill. We affirm summary judgment and the trial court’s denial of costs and attorney fees to PCCA.

http://communityassociations.net/wp-content/uploads/2013/04/California-Hoofman-v.-Pacific-Crest-Community-Assn.-April-16-2013.pdf