Trial Court’s Refusal To Award HOA-Affiliated Individual Defendant Fees, As Against Voluntarily Dismissing Plaintiffs, Under Statutory Fee-Shifting Provision Reversed On Appeal

In Durack v. Wang, Case No. B276086 (2d Dist., Div. 7 Sept. 25, 2017) (unpublished), homeowners sued the HOA and several individual defendants for negligence and breach of fiduciary duty (among other claims), but referencing the CC&Rs in some portions of the operative complaint. Plaintiffs reached a settlement with all defendants except one HOA-affiliated individual defendant (Wang, who was an HOA board of director), with everyone preparing for trial, with plaintiffs asking for more money from Wang (although the other settling defendants wanted Wang included), and with plaintiffs voluntarily dismissing without prejudice shortly before the start of trial. The lower court refused to award attorney’s fees to Wang after the voluntary dismissal, an order reversed on appeal.    Read the article……………..