Archive for April, 2016

Almanor Lakeside Villas Owners Ass’n v. Carson – $100,000 in Attorney’s Fees Awarded to Homeowners Association that Recovered $6,600 in Fines (2016-4-30)

Let me be up front – this author does not particularly care for homeowners’ associations.  In my opinion, they have too much power, which is often wielded with a heavy hand. Now comes the decision in Almanor Lakeside Villas Owners Ass’n v. Carson (April 19, 2016) __ Cal.Rptr.3d __, which only reinforces this view.  Here […]






Salazar v. Matejcek – Treble Damages for Removal of Trees Under California Law (2016-4-25)

Civil Code section 3346 authorizes an award of treble damages for “wrongful injuries to timber, trees, or underwood upon the land of another, or removal thereof.”  The defendant in the recent case of Salazar v. Matejcek (Mar. 10, 2016) 245 Cal.App.4th 63 learned that this statute can support very substantial damages. The dispute concerned “a […]






Ferguson v. Yaspan – Statute of Limitations Not Applicable to Defense Based on Rescission (2016-4-15)

In a lawsuit based on a contract, one party can seek relief based on the theory of rescission.  Rescission can be considered an equitable judicial remedy.  Under California Civil Code section 1689, rescission supports “extinction” of the obligation. Rescission can be pled as a basis for affirmative relief, or it can asserted as defense to […]






Majd v. Bank of America – Violation of Dual Tracking Statute Supports Claim for Wrongful Foreclosure (2016-4-11)

California law now prohibits the practice of “dual tracking,” whereby a lender simultaneously pursues a default while also engaging in loan modification negotiations with the borrower.  The question concerns the remedy available when there is a violation of the dual tracking law. The court in Kazem Majd v. Bank of America, N.A. (Jan. 14, 2016) […]