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December 12, 2002
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Case No: GIN 026443 Brook Hills HOA v Bass & Bass v Brooks Hills.Peters
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California
Superior Court
County of San Diego
Branch: North County Division
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Brook Hills HOA & Cross-Complaintant Bass
Represented by: David Peter, Michael Kim, Peters & Freedman
CAI Member
v.
Bass & Cross defendants :John Nilsson
Peters & Freedman & N.N. Jaeschke
Represented by: Mary Goodhue Deutsch
CAI Member
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Summary
Per the cross-complaint of defendant's afforney, Mary Deutsch', plaintiff's attorney, Peters & Freedman, filed a lawsuit against the Basses and an amended complaint on behalf of Brook Hills Homeowners Association claiming the Basses had failed to install their landscaping within 180 days from the purchase of their two acre lot. The Association seeks damages and an injunction forcing the Basses to complete their landscaping - which they had already installed. The first amended complaint includes a prayer requesting that the Basses sport court, which the association had approved, be ordered removed. Causes of Action by the association includes Breach of Covenant , Injunctive Relief , Declartory Relief and Nuisance.
The Basses filed a cross complaint against Brook Hills Homeowners Association, John Nilsson - a board member , Peters & Freedman - the association lawyer and & N.N. Jaeschke , the manager, alleging:
1. Breach of Governing Documents (Against Brook Hills)
2. Breach of Fiduciary Duty (Against Brook Hills and Nilsson)
3. Fair Debt Collection Practices Act (15 U.S.C. § 1601 et seq (Against Peters & Freedman and Jaeschke)
4. Intentional Infliction of Emotional Distress (Against Nilsson)
5. Negligent Infliction of Emotional Distress (Against Association)
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Causes of Action: Complaint by Brook Hills Homeowner Association against the Basses:
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1. Breach of Covenant
2. Injunctive Relief
3. Declartory Relief
4. Nuisance
Cross Complaint by the Basses
1. Breach of Governing Documents (Against Brook Hills Homeowners Association)
2. Breach of Fiduciary Duty (Against Brook Hills Homeowners Association and Nilsson)
3. Fair Debt Collection Practices Act (15 U.S.C. § 1601 et seq (Against Peters and Jaeschke)
4. Intentional Infliction of Emotional Distress (Against Nilsson)
5. Negligent Infliction of Emotional Distress (Against Association)
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Judge: The Honorable Jacqueline Stern
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Current information/Final Decision
Judge ruled for Brook Hills Homeowners Association on February 17, 2005. Michael Kim and David Peters of Peters & Freedman asked for $123,019 in lawyers fees. Judge gave them $82,525.50 stating:
Plaintiff's request for an award of fees in the amount of $123,019.00 is denied as unreasonable. This amount includes fees not requested or mentioned in the moving papers, but only raised for the first time in the reply; fees for excessive interoffice attorney conferences, unnecessary and duplicative trial work; charges unrelated to Plaintiff; charges unrelated to this action; charges for work performed on behalf of other cross-defendants and for which Plaintiff counsel was reimbursed, and charges which should have been sought much earlier in this lawsuit, per CCP 425.16(j), CRC 2(f), and CRC 870.2(b)(1).
Basses have the option of appealing this ruling. |
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Lawsuit Text
See attached case
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View Comments (6) | Post a comment |
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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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Click to download
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BassCross.PDF
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First Amended Cross-Complaint James and Sonni Bass v Brook Hills HOA, John Milsson, Peters & Freedma, N.N. Jaeshke
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PDF document, version 1.5
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245KB
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Download
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Arbitrate.PDF
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Letter from Rosing to Michael Kim of Peters & Freedman to Arbitrate
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PDF document, version 1.5
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30KB
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Download
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BassDec.PDF
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Declaration of Sheryl Kaonis, N.N. Jaeshke, Managing agent for Brook Hills HOA
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PDF document, version 1.5
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52KB
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Download
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StrikeMot.PDF
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Brook Hills HOA,John Nillson, Peters & Freedman, N.N. Jaeshke Motion to Strike(Anti-SLAPP Motion to Strike)
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PDF document, version 1.5
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335KB
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Download
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Sanctions.pdf
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Sanctions $2000 - Peters & Freedman pays the Basses
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PDF document, version 1.3
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378KB
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Download
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Medeate.PDF
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Mediation attempt by Basses
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PDF document, version 1.5
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149KB
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Download
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Dis.PDF
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Notice of Motion to Disqualify Cross-Defendant Peters & Freedman, as Counsel of Record
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PDF document, version 1.5
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26KB
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Download
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KimDec.PDF
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Declaration of Michael Kim in Support of Cross-defendants Motion to Strike the Basses First Amended Cross Complaint
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PDF document, version 1.5
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82KB
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Download
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PFLtr.PDF
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Letter from Peters & Freedman to Basses to cease and Desist
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PDF document, version 1.5
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20KB
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Download
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DeutLtr.PDF
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Letter from Mary Deutsch to Michael Kim regarding letters they wrote that triggered cross-complaint , conflict of interest , and "shell game" by Peters & Freedman
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PDF document, version 1.5
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62KB
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Download
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