This next case should illustrate how both trial and appellate jurists try to get to the nub of a dispute—with the ultimate decision on the nature of the claim being very decisive on whether there is fee entitlement. Martini v. Bel Azure Homeowners Assn., Case No. D072288 (4th Dist., Div. 1 Apr. 12, 2018) (unpublished) was a situation where a plaintiff sued a HOA after suffering a fall on HOA premises. Plaintiff did win a negligence action for under $11,000 against HOA affiliates. She then moved for $137,167.50 in attorney’s fees and $8,045.17 in costs against the HOA Defendants. The trial court denied the fee request, and the appellate court agreed. Read the article……………….
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