The Second Appellate District reversed a trial court order denying attorney fees, affirmed in all other respects, and remanded the action for further proceedings. The court held that a condominium association was entitled to recover prevailing party attorney fees after a unit owner voluntarily dismissed most of her pending claims without prejudice rather than seek a trial continuance for good cause based on the medical unavailability of her expert witness.
Condominium owner and California attorney Susan Salehi sued her condominium association, Surfside III Condominium Owners’ Association. She contended in her complaint that the Association violated the governing covenants, conditions, and restrictions (CC&Rs) of the project by failing to maintain and repair the property and maintain an adequate reserve fund for such purposes. The complaint alleged ten causes of action.
