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October 30, 1998
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Case No: G021233 - Fountain Valley Chateau Blanc v Dept of Veterans & Cunningham
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California
Appellate Court
County of Orange
Branch: Fourth Dist., Div. Three
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ROBERT S. CUNNINGHAM
Petitioner
Represented by: Fiore, Walker, Racobs & Powers and C. Mark Hopkins for Plaintiff
CAI Member
v.
THE SUPERIOR COURT OF ORANGE COUNTY
Respondent; FOUNTAIN VALLEY CHATEAU BLANC HOMEOWNER'S ASSOCIATION
Real Party in Interest.
Represented by: Arnulfo Hernandez, Jr., Craig L. Stevenson, Elizabeth Carol Wied, Frank Per
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Summary
OPINION
SILLS, P. J.-
Like Shel Silverstein's proverbial Sarah Cynthia Sylvia Stout, the petitioner in this case, Robert S. Cunningham, would not take the garbage out. So, reminiscent of Sarah's daddy who, in the famous poem would scream and shout, Cunningham's homeowners association did the modern equivalent. It instituted litigation. The association's theory in essence was that Cunningham's property constituted a fire hazard. Local fire authorities, however, determined that his property posed no fire hazard, either indoors or outdoors. Even so, the lawyers for the homeowners association wrote letters demanding that he clear his bed of all papers and books, discard "outdated" clothing, and remove the papers, cardboard boxes and books from the floor area around his bed and dresser. Books that were "considered standard reading material" could, however, remain in place.
Cunningham is a senior citizen who suffers from Hodgkin's disease. The letter from the association's lawyers was, in essence, a demand backed up by threat of litigation telling him to straighten up his own bedroom. So Cunningham found a lawyer and sued the association by filing a cross-complaint for invasion of the right to privacy and breach of the homeowners association's covenants, conditions and restrictions (commonly referred to as CC&R's).
The association's original complaint against Cunningham was soon settled; Cunningham agreed to abide by the rules. His cross-complaint against the association, by contrast, went to trial, with the issue being the reasonableness of the association's conduct after the litigation started. The trial was bifurcated between liability and damage phases, and the jury found in favor of Cunningham on the liability issue. However, before the damage phase could be heard, the trial judge granted the association's new trial motion, stating he believed the association had acted reasonably. And he went on to say that he would keep on granting new trial motions as long as the jury returned liability verdicts for Cunningham. Cunningham then petitioned for a writ to set aside the new trial order, which we now grant.
Treating the new trial order as what it really was-a judgment notwithstanding the verdict-it cannot stand. The association's behavior, in particular the sheer presumption of telling Cunningham what sort of reading material he could keep in his own home, was easily the sort of conduct that the jury could find was unreasonable and beyond the association's rights as stated in the CC&R's. We hasten to add, however, that this is all we decide. We do not hold that a letter from the lawyers for a homeowner's association [67 Cal.App.4th 747] threatening litigation unless an adult cleans up his or her own room is necessarily actionable. That issue has not been briefed. It is enough for the moment that we merely hold that, given the actual CC&R's involved, the demands set forth in the letter were unreasonable.
The homeowners association also sued the Department of Veterans Affairs, hoping to make it also responsible to clean up what it perceived to be Cunningham's mess. The trial judge ruled in favor of the department on that one, holding that it was, in substance, a lender, not an owner. We affirm the judgment in favor of the department because the applicable statute, Civil Code section 2920, also looks to substance over form.
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Causes of Action: See summary of lawsuit
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Citation: (1998) 67 Cal.App.4th 743 , -- Cal.Rptr.2d -- |
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Judge: The Honorable Opinion by Sills, P. J., with Wallin and Bedsworth, JJ., concurring.
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Current information/Final Decision
Court data last updated: 01/23/2004 02:53 PM
Docket Entries (Register of Actions)
Date Description Notes
12/09/1998 Petition for review filed RPI Fountain Valley Chateau Blanc Etc. Records requested.
12/15/1998 Received: CA Record in G021233 - two Blue Doghouses CA Record in G021948 - one Manila Jacket and Loose briefs
12/29/1998 Answer to petition for review filed Petnr Robert S. Cunningham
12/29/1998 Request for depublication (petition for review pending) RPI Fountain Valley Chateau Blanc Management
01/08/1999 Filed: Joinder/Non-Pty Martin, Wilson & Macdowell Reqt for Depublication Joining in Depub of Fountain Valley
01/08/1999 Opposition filed Response/joinder to Reqt for Depublication Neuland & Nordberg [Non-Party]
01/11/1999 Received: Late joinder/Reqt for Depub Feldsott Lee & Feinbert/Non-Pty
01/15/1999 Received: Response/joinder to Reqt for Depublication--Late Knopfler & Robertson [Non-Party]
01/27/1999 Petition for review & depublication request denied Kennard,J Is of the opinion Petn should be granted |
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