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January 22, 2004
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Case No: D040637/D041486 (Superior Court GIN005057)Rancho Sante Fe v Dolan-King
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California
Appellate Court
County of San Diego
Branch: Court of Appeal, Fourth Appellate District, Division 1
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Rancho Santa Fe Association
Represented by: Musick, Peeler & Garrett, Michael J. Hickman; Lucas, Mullany, Boyer
v.
Patricia Dolan-Kng
Represented by: Robert R. Massey
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Summary
Patricia Dolan-King, a homeowner in the residential community of Rancho Santa Fe, is the defendant and appellant in this action to enforce a protective covenant, brought by Rancho Santa Fe Association,
The Association obtained a judgement for injunctive and declaratory relief and an award of attorney fees, based on Dolan-King's construction of a fence around her property without the appropriate permits or compliance with other Association regulatory criteria for the definition of "major" or "minor" construction. Dolan-King appeals, contending that the trial court erred in directing a partial verdict on the validity of certain land use regulations enforced by the Association, and that the jury verdict resulting after the partial directed verdict is unsupported by the evidence or the law. She also contends that attorney fees should not have been awarded. (CIvil Code § 1354, subdd.(f).)
Our examination of the record leads us to conclude that the trial court was correct in finding the challenged Rancho Santa Fe Regulatory Code provisions (the regulatory code) are valid, concerning the definition of the terms major and minor construction, and the subsequent jury verdict is supported by evidence. We affirm the judgement and order attorney fees to the Association as the prevailing party.
The trial court awarded attorney fees in the amount of $318,293.50 based on the association's attorney fees of $221 and an award for paralegal time. The judgement and order are affirmed. The respondent's brief did not seek an award of attorney fees on appeal. Ordinary costs on appeal will also be awarded to the association, however.
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Causes of Action: Appeal from a judgement and order for declaratory relief and an award of attorney fees of the Superior Court of San Diego Court Judge Lisa Guy-Schall.
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Citation: 2004 DODAR 773 |
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Judge: The Honorable Huffman, Actin P. J., Nares, J., O'Rouke, J.
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Current information/Final Decision
Judgement to plaintiff in the amount $318,293,50 plus costs on appeal. |
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Lawsuit Text
see attached case.
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Submitted Files
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Filename
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Description
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File Type
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File Size
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D040637.pdf
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Rancho Santa Fe Association v Patricia Dolan-King
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PDF document, version 1.3
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122KB
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