Center Associates v. Altman
This appeal challenges an order denying a motion, brought by a group of defendants, for an award of attorney fees as costs, after the complaint naming them was involuntarily dismissed for lack of service of all indispensable parties. (Code Civ. Proc., 1032, 1033.5.) Defendants and appellants, William Altman, et al. (29 persons, referred to as appellants), are among the homeowners of 48 units in a condominium project, all of whom were sued by the owners of nearby property, plaintiff Center Associates, L.P. (respondent), for declaratory relief to interpret the governing documents affecting the homeowners' property by, in part, establishing their easement rights over certain property owned by plaintiff. Appellants seek reversal of the trial court's order denying their request for fees, pursuant to Civil Code section 1717, under an attorney fees provision in the governing documents.
Court reject appellants' contentions that the trial court erred or abused its discretion in denying their motion for attorney fees. Appellants do not at this time qualify under the definitions in section 1717, subdivision (b)(1), as prevailing parties on the contract who are therefore entitled to an award of attorney fees as costs. The trial court correctly applied the statute and Court affirm the order denying attorney fees.
Comments on Center Associates v. Altman