ALPHA LISTING | CASE LAW 1999 | CASE LAW 2000 | CASE LAW 2001 | CASE LAW 2002 | CASE LAW 2003

CASES (ALPHABETICAL LISTING)

14859 Moorpark Homeowner's Association v. VRT Corp. (2^nd Dist. Div. 4 1998) 63 Cal.App.4^th 1396, 74 Cal.Rtpr.2d 712. Partition of condominium common areas can only be pursued through judicial partition [originally in Guralnick & Gilliland's Thirteenth Annual Legislative Update]

Aas v. Superior Court (In Re William Lyon Co. (2000) 24 Cal.4^th 627, 101 Cal.Rptr.2^d 718. Construction defects that do not cause property damage or personal injury do not support claim for negligence or strict liability [originally in Guralnick & Gilliland's Fifteenth Annual Legislative Update]

Adelman v. Associated International Insurance Company (2001) 90 Cal.App.4^th 352, 108 Cal.Rptr.2^d 788. Insurance company issuing policy covering common areas owes no duty to members of association [originally in Guralnick & Gilliland's Sixteenth Annual Legislative Update]

Advanced Micro Devices, Inc. v. Intel Corp. (1994) 9 Cal.4^th 362; 36 Cal.Rptr.2^d 581. Scope of Arbitrator's powers in awarding relief for breach of contract [originally in Guralnick & Gilliland's Tenth Annual Legislative Update]

Alcaraz v. Vece (1997) 14 Cal.4^th 1149, 929 P.2^d 1239. Premises owner may be liable for injury occurring on adjacent property which he/she controls [originally in Guralnick & Gilliland's Twelfth Annual Legislative Update]

Ann Alpert v. Villa Romano Homeowners Association (2000) 81 Cal.App.4^th 1320, 96 Cal.Rptr.2^d 364. Property owners responsible for tort damages in premises liability cases for accidents occurring on adjacent property [originally in Guralnick & Gilliland's Fifteenth Annual Legislative Update]

Aluisi v. Fort Washington Golf and Country Club, 395 Daily Journal D.A.R. 9328, Cal.App., July 12, 1995. Suspension and expulsion of members - due process required [originally in Guralnick & Gilliland's Tenth Annual Legislative Update]

Assilzadeh v. California Federal Bank (2000) 82 Cal.App.4^th 399, 98 Cal.Rptr.2^d 176. Lender who obtains title through foreclosure is not required to disclose details of construction defect lawsuit [originally in Guralnick & Gilliland's Fifteenth Annual Legislative Update]

Barca v. Village Greens Condominium Homeowners Association, et al. (2002) WL 1481341 (Cal App. 3^rd Dist.). Association not responsible to maintain exclusive use common area [originally in Guralnick & Gilliland's Seventeenth Annual Legislative Update]

Beluris v. Wobig (2001) 2001 WL 1219526 (Cal.App.2 Dist). Interpretation of CC&Rs provisions [originally in Guralnick & Gilliland's Sixteenth Annual Legislative Update]

Beroiz v. Wahl (2000) 84 Cal.App.4^th 485, 100 Cal.Rptr.2^d 905. Statements made to initiate a police report or criminal prosecution cannot expose the maker of the statement to liability for defamation [originally in Guralnick & Gilliland's Fifteenth Annual Legislative Update]

Blue Lagoon Community Association v. Mitchell (1997) 55 Cal.App.4^th 1304A, 64 Cal.Rptr.2^d 81. Opponents to a Civil Code § 1356 petition are not entitled to attorney fees if the petition is denied [originally in Guralnick & Gilliland's Twelfth Annual Legislative Update]

Booska v. Patel (1994) 24 Cal.App.4^th 1786; 30 Cal.Rptr.2^d 241. Adjoining landowner's rights and responsibilities - tree roots [originally in Guralnick & Gilliland's Ninth Annual Legislative Update]

Broadmoor San Clemente Homeowners Association v. Nelson (1994) 25 Cal.App.4^th 1; 30 Cal.Rptr.2^d 316. Residential care facility [originally in Guralnick & Gilliland's Ninth Annual Legislative Update]

Calhoon v. Lewis (2000) 81 Cal.App.4^th 108, 965 Cal.Rptr.2^d 394 and Shipman v. Boething Tree Farms, Inc. (2000) 77 Cal.App.4^th 1424, 92 Cal.Rptr.2^d 566. Premises liability of private landowners to third parties [originally in Guralnick & Gilliland's Fifteenth Annual Legislative Update]

California Riviera Homeowners Association v. Superior Court (1996) 48 Cal.App.4^th 1886, 56 Cal.Rptr.2^d 564. Recordation of a Notice of Violation (Notice of Non-Compliance) as a self-help remedy [originally in Guralnick & Gilliland's Eleventh Annual Legislative Update]

Carlin v. Indian Palms Homeowners Association No. 9 (2002 WL 57325). The Shadow Board - Will the real board please stand up? [originally in Guralnick & Gilliland's Seventeenth Annual Legislative Update]

Chantiles v. Lake Forest II Master Homeowners Association (1995) 37 Cal.App. 4^th 914, 45 Cal.Rptr. 2^d 1. Directors' right to inspect corporate records is not absolute [originally in Guralnick & Gilliland's Tenth Annual Legislative Update]

Chen v. Fairmont Terrace Homeowners Association (2001) 2001 WL 1191483 (Cal.App.4 Dist.) Homeowner cannot escape maintenance responsibility based upon developer's mistake [originally in Guralnick & Gilliland's Sixteenth Annual Legislative Update]

Citizens for Covenant Compliance v. Jared A. Anderson (1996) 96 Daily Journal D.A.R. 79. Recorded restrictions are enforceable even if not also cited in deed at time of sale [originally in Guralnick & Gilliland's Tenth Annual Legislative Update]

Cody F. v. Falletti, et al. (2001) 92 Cal.App.4^th 1232, 112 Cal.Rptr.2^d 593. Members of homeowners association not individually liable for injuries suffered on association's private road based on association membership or easement rights [originally in Guralnick & Gilliland's Sixteenth Annual Legislative Update]

Committee to Save The Beverly Highlands Homes Association v. The Beverly Highlands Homes Association (2001) 92 Cal.App.4^th 1247, 112 Cal.Rtpr.2^d 732. CID Act does not apply to common interest developments with no common area [originally in Guralnick & Gilliland's Seventeenth Annual Legislative Update]

Countrywide Home Loans, Inc. v. Tutungi (2^nd Dist. Div. 2 1998) 66 Cal.App.4^th 727, 78 Cal.Rtpr.2^d 203. A foreclosing lender who becomes a unit owner is entitled to assert a claim for proceeds payable under an association's replacement cost insurance policy [originally in Guralnick & Gilliland's Thirteenth Annual Legislative Update]

Covey v. Hollydale Mobilehome Estates (1997) 125 F.3^d 1281. HUD regulations and amendments to the Fair Housing Act apply prospectively, not retroactively [originally in Guralnick & Gilliland's Twelfth Annual Legislative Update]

Cunningham v. Superior Court (1998) 79 Cal.Rptr.2^d 248. Homeowner association may not regulate owners' interior housekeeping habits [originally in Guralnick & Gilliland's Thirteenth Annual Legislative Update]

Cutujian v. Benedict Hills Estates Association (1996) 41 Cal.App.4^th 1379, 49 Cal.Rptr.2^d 166. Statute of limitations to enforce CC&Rs commences when demand for performance is made [originally in Guralnick & Gilliland's Eleventh Annual Legislative Update]

Damon v. Ocean Hills Journalism Club, et al. (2001) 85 Cal.App.4^th 468, 102 Cal.Rptr.2^d 205. Property manager's lawsuit for defamation dismissed as an attempt to punish free speech by association members [originally in Guralnick & Gilliland's Sixteenth Annual Legislative Update]

Deane Gardenhome Association v. Denktas (1993) 13 Cal.App.4^th 1394; 16 Cal.Rptr.2^d 816. Documenting architectural decisions in writing [originally in Eighth Annual Legislative Update]

Dilger v. Moyles (1997) 54 Cal.App.4^th 1452, 63 Cal.Rptr.2^d 591. Golfers assume the risk of injury from errant balls [originally in Guralnick & Gilliland's Twelfth Annual Legislative Update]

Dolan-King v. Rancho Santa Fe Association, et al. (2000) 81 Cal.App.4^th 965, 97 Cal.Rptr.2^d 280. The Lamden deference moves from maintenance decisions to architectural judgments [originally in Guralnick & Gilliland's Fifteenth Annual Legislative Update]

ECC Construction, Inc. v. Charles Ganson, et al. (2000) 82 Cal.App.4^th 572, 98 Cal.Rptr.2^d 292. Only the association can be held directly responsible for an association's debts [originally in Guralnick & Gilliland's Fifteenth Annual Legislative Update]

Erlich v. Menezes (1999) 27. Cal.4^th 543, 87 Cal.Rptr.2^d 886. Supreme Court denies right to recover emotional distress damages for breach of contract to construct a home [originally in Guralnick & Gilliland's Fourteenth Annual Legislative Update]

Fidelity Mortgage Trustee Service, Inc. v. Ridgegate East Homeowners Association (1994) 27 Cal.App.4^th 503, 32 Cal.Rptr.2^d 521. Collection of Assessments; association liability for indemnification to a foreclosing trustee acting as the agent of the association [originally in Guralnick & Gilliland's Ninth Annual Legislative Update]

Finley v. Superior Court (2000) 80 Cal.App.4^th 1152,96 Cal.Rptr.2^d 128. Special Litigation Committee defense applicable in California [originally in Guralnick & Gilliland's Fifteenth Annual Legislative Update]

Foothill Village Homeowners Association v. Bishop (1999) 68 Cal.App.4^th 1364. Unless lenders require earthquake insurance as condition of a mortgage loan, the proceeds of association's earthquake policy go to individual homeowners - not the lenders - when the association votes not to rebuild [originally in Guralnick & Gilliland's Fourteenth Annual Legislative Update]

Foothills Townhome Association v. Paul M. Christiansen (1998) 65 Cal.App.4^th 688. An association's lawsuit to enforce a special assessment does not necessarily constitute a "SLAPP" suit [originally in Guralnick & Gilliland's Thirteenth Annual Legislative Update]

Foxgate Homeowners' Association, Inc. v. Bramalea California, Inc. (2001) 26 Cal.4^th 1, 108 Cal.Rptr.2^d 642. Communications made during mediations and mediator reports are absolutely confidential [originally in Guralnick & Gilliland's Sixteenth Annual Legislative Update]

Franklin v. Marie Antoinette Condominium Owners Assoc. (1993) Cal.Rptr.2^d 744. Exculpatory clauses within CC&Rs can shift risk of water intrusion damage to owners [originally in Eighth Annual Legislative Update]

Gdowski v. Louie (2000) 84 Cal.App.4^th 1395, 101 Cal.Rptr.2^d 609. Homeowner can recover for damages caused by neighbor's change in landscaping without proving negligence [originally in Guralnick & Gilliland's Fifteenth Annual Legislative Update]

Golden Gateway Center v. Golden Gateway Tenants Association (2001) 26 Cal.4^th 1013, 111 Cal.Rptr.2^d 336. Homeowners and others do not have a free speech right to distribute unsolicited leaflets within a private gated community [originally in Guralnick & Gilliland's Sixteenth Annual Legislative Update]

Gouvis Engineering v. Superior Court of San Diego County (1995) 37 Cal.App.4^th 642; 43 Cal.Rptr.2^d 785. Construction defect litigation [originally in Guralnick & Gilliland's Tenth Annual Legislative Update]

Greening v. Johnson (1997) 53 Cal.App.4^th 1223, 62 Cal.Rptr.2^d 214 . Cable television charges were not authorized utility charges under Mobilehome Residency Law (MRL) [originally in Guralnick & Gilliland's Twelfth Annual Legislative Update]

Harboring Villas v. Superior Court (Ce Mar Las Vegas IX, Real Party in Interest) (4^th Dist. Div. 3 1998) 63 Cal.App.4^th 426, 73 Cal.Rptr.2^d 646. Unit owners' mortgage lenders are not indispensable parties in association's construction defect suit against developer [originally in Guralnick & Gilliland's Thirteenth Annual Legislative Update]

Hartfield v. Sawyer (2002 WL 31259900). Anti-SLAPP Legislation causes dismissal of lawsuit brought by property manager [originally in Guralnick & Gilliland's Seventeenth Annual Legislative Update]

Heather Farms Homeowners Association v. Robinson (1994) 21 Cal.App.3^d 1568, 26 Cal.Rptr.2^d 758. Enforcement of CC&Rs - prevailing party and attorney fees [originally in Guralnick & Gilliland's Ninth Annual Legislative Update]

Hernandez v. Modesto Portugese Pentecost Association, 95 Daily Journal D.A.R. 16229, 3 Civil CO17923, Super. Ct. No. 227588, California Court of Appeal, Third Appellate District (San Joaquin), filed December 6, 1995. Negligence / Foreseeability - without affirmative act landlord isn't liable for sale of alcohol to drunken minor [originally in Guralnick & Gilliland's Tenth Annual Legislative Update]

Hicks v. Kaufman and Broad Home Corp. (2001) 89 Cal.App.4^th 908, 107 Cal.Rptr.2^d 761. Physical property damage is not a precondition for maintaining a class action suit for breach of express and implied warranty causes of action [originally in Guralnick & Gilliland's Sixteenth Annual Legislative Update]

Jackson Plaza Homeowners Association vs. W. Wong Construction (2002) 121 Cal.Rtpr.2^d 221. Preventing false promises by developer [originally in Guralnick & Gilliland's Seventeenth Annual Legislative Update]

Jankey v. Twentieth Century Fox Film Corp. (2000) 212 F.3^d 1159 . The Americans with Disabilities Act is not applicable to facilities closed to the public [originally in Guralnick & Gilliland's Fifteenth Annual Legislative Update]

Kaom, Inc. v. Superior Court (1995) 35 Cal.App.4^th 549; 41 Cal.Rptr.2^d 310. Construction defect litigation [originally in Guralnick & Gilliland's Tenth Annual Legislative Update]

Kaplan v. Fairway Oaks Homeowners Association, et al. (2002) 98 Cal. App. 4^th 715. As the prevailing party in a challenge to a board of directors election, associations are entitled to recover their attorney's fees [originally in Guralnick & Gilliland's Seventeenth Annual Legislative Update]

Kentucky Fried Chicken of California, Inc. v. Superior Court (Brown) (1997) 14 Cal.4^th 814, 59 Cal.Rptr.2^d 756. Shopkeepers Have no duty to patron to comply with robber's unlawful demand [originally in Guralnick & Gilliland's Twelfth Annual Legislative Update]

Mark S.E. Kovich v. Paseo Del Mar Homeowners' Association (1996) 41 Cal.App.4^th 863, 48 Cal.Rptr.2^d 758. Homeowner's association bears no fiduciary duty to prospective buyer which would require disclosure of construction defect [originally in Guralnick & Gilliland's Eleventh Annual Legislative Update]

Lake Arrowhead Chalets Timeshare Owners Association v. Lake Arrowhead Chalets Owners Association, (1996) 51 Cal.App.4^th 1403, 59 Cal.Rptr.2^d 875. Bylaw amendment is invalid without approval of the majority of a separate class of members [originally in Guralnick & Gilliland's Twelfth Annual Legislative Update]

Lamden v. La Jolla Shores Clubdominium Homeowners Association. California Supreme Court rules on Lamden Deferential standard of care related to associations' maintenance obligations [originally in Guralnick & Gilliland's Fourteenth Annual Legislative Update]

Lantzy v. Centex Homes, et al. (2001) 111 Cal.Rptr.2^d 336. Construction Defects - Equitable tolling of statute of limitations [originally in Guralnick & Gilliland's Sixteenth Annual Legislative Update]

Liebler v. Point Loma Tennis Club (1996) 40 Cal.App.4^th 1600, 47 Cal.Rptr.2^d 783. Prohibition of nonresident owners from using common area recreational facilities [originally in Guralnick & Gilliland's Eleventh Annual Legislative Update]

Lisa P. v. Bingham (1996) 50 Cal.Rptr.2^d 646. Negligence: foreseeability of criminal activity [originally in Guralnick & Gilliland's Eleventh Annual Legislative Update]

Lo, et al. v. Jensen, as Trustee, etc. (2001) 88 Cal.App.4^th 1093, 106 Cal.Rptr.2^d 443. Non-judicial foreclosure sale may be set aside if infected by unfairness and inadequate price [originally in Guralnick & Gilliland's Sixteenth Annual Legislative Update]

Lu v. Superior Court of Orange County (Grand Lincoln Village Homeowners Association, Real Party in Interest) (1997) 55 Cal.App.4^th 1264, 64 Cal.Rptr.2^d 561. In complex litigation cases, trial court may appoint discovery referee and mediator [originally in Guralnick & Gilliland's Twelfth Annual Legislative Update]

Marina Green Homeowners Association v. State Farm Fire & Casualty Co. (1994) 25 Cal.App.4^th 200, 30 Cal.Rptr.2^d 364. Earthquake insurance for condominium buildings containing more than four units [originally in Guralnick & Gilliland's Ninth Annual Legislative Update]

Maryland Casualty Company v. National American Insurance Co. of California (1996) 48 Cal.App.4^th 1822, 56 Cal.Rptr.2^d 498. "Continuous injury" is applicable to defense by insurance carrier [originally in Guralnick & Gilliland's Eleventh Annual Legislative Update]

McClellan v. Northridge Park Townhome Owners Association (2001) 89 Cal.App.4^th 746, 107 Cal.Rptr.2^d 702. Association cannot form a successor association which does not comply with cc&rs and is merely a "shell" to evade creditors [originally in Guralnick & Gilliland's Sixteenth Annual Legislative Update]

McColm v. Westwood Park Association (1^st Dist. Div. 4 1998) 62 Cal.App.4^th 1211, 73 Cal.Rtpr. 288. Vexatious Litigants can be required to post a bond prior to pursuing litigation [originally in Guralnick & Gilliland's Thirteenth Annual Legislative Update]

Michaelis v. Benavides, 61 Cal.App.4^th 681, 71 Cal.Rptr.2^d 776 (2^nd Dist. 1998). Negligence - a corporate officer may be held personally liable for his/her own tortious conduct [originally in Guralnick & Gilliland's Thirteenth Annual Legislative Update]

Montrose Chemical Co. v. Admiral Insurance Co. (1995) 10 Cal.4th 645; 42 Cal.Rptr.2^d 324. Construction defect litigation [originally in Guralnick & Gilliland's Tenth Annual Legislative Update]

Moran v. Oso Valley Greenbelt Association (2001) 92 Cal.App.4^th 156, 111 Cal.Rptr.2^d 636. A member's right to inspect the association's minutes [originally in Guralnick & Gilliland's Sixteenth Annual Legislative Update]

Morgan v. FUJI Country USA, Inc. (1995) 34 Cal.App.4^th 127, 40 Cal.Rptr.2^d 249. Golf course owners owe players duty of care in design and maintenance of their golf courses [originally in Guralnick & Gilliland's Tenth Annual Legislative Update]

Mount Olympus Property Owners Association v. Shpirt (1997) WL 745056 (Cal.App. 2 Dist.). Award of attorneys' fees improper where community falls outside the scope of the Davis-Stirling Act [originally in Guralnick & Gilliland's Twelfth Annual Legislative Update]

Nahrstedt v. Lakeside Village Condominium Assoc., Inc. (1994) 8 Cal.4^th 361. Landmark Supreme Court Case provides important precedent [originally in Guralnick & Gilliland's Ninth Annual Legislative Update]

National Football League Properties, Inc. v. Superior Court (Oakland Raiders) (1998) 65 Cal.App.4^th 100, 75 Cal.Rptr.2^d 893. Privileged communications of a corporation are not discoverable by its shareholders by virtue of their status as shareholders [originally in Guralnick & Gilliland's Thirteenth Annual Legislative Update]

Niguel Shores Community Assn. vs. Buehler (2002 WL 31121089). Winning the battle, but losing the war - Association receives a nominal award of attorneys' fees after prevailing in a dispute related to an architectural modification [originally in Guralnick & Gilliland's Seventeenth Annual Legislative Update]

Oliver v. AT&T Wireless Services (1999) 76 Cal.App.4^th 521, 90 Cal.Rptr.2^d 491. Installation of cell site facilities is not "taking" of adjacent property [originally in Guralnick & Gilliland's Fifteenth Annual Legislative Update]

Padgett v. Phariss (1997) 54 Cal.App.4^th 1270, 63 Cal.Rptr.2^d 373. Real estate agents do not have duty other than statutory duty to disclose pending litigation [originally in Guralnick & Gilliland's Twelfth Annual Legislative Update]

Palm Springs Tennis Club v. Rangel (1999) 73 Cal.App.4^th 1. Sticks and stones will break my bones [originally in Guralnick & Gilliland's Fourteenth Annual Legislative Update]

Palm Valley Homeowners Association, Inc. v. Design MTC (2000) 85 Cal.App.4^th 553, 102 Cal.Rptr.2^d 350. Corporation is barred from participating in litigation under the Corporations Code when it fails to file a required Statement of Information [originally in Guralnick & Gilliland's Sixteenth Annual Legislative Update]

Pamela W. v. Millsom (1994) 25 Cal.App. 4^th 950, 30 Cal.Rptr.2^d 690. Negligence - Duty of association to provide security [originally in Guralnick & Gilliland's Ninth Annual Legislative Update]

Park Place Estates Homeowners Association, Inc. v. Naber (1994) 29 Cal.App.4^th 427, 35 Cal.Rptr.2^d 51. Assessment collection - no setoff permitted [originally in Guralnick & Gilliland's Eleventh Annual Legislative Update]

Parke Place at Gold River Homeowners Association v. Robino, et al. (2001) 2001 WL 1297762 (Cal.App. 3 Dist). Association's right to control improvements under CC&Rs [originally in Guralnick & Gilliland's Sixteenth Annual Legislative Update]

Phillips v. Perils of Pauline Food Production, Inc. 42 Cal.Rptr.2^d 28 (Cal.App.4 Dist. 1995). Negligence / Foreseeability - Restaurant in high crime area breached duty of care by failing to take adequate security measures [originally in Guralnick & Gilliland's Tenth Annual Legislative Update]

Princess Hotels International, Inc. v. Pearson (Cal.App. 1 Dist. 1995) 39 Cal.Rptr.2^d 457. Negligence / Foreseeability - Hotel had no duty to warn swimmer of danger of swimming in ocean over which it had no control [originally in Guralnick & Gilliland's Tenth Annual Legislative Update]

Pruyn v. Agricultural Insurance Company (1995) 36 Cal.App.4^th 500; 42 Cal.Rptr.2^d 295 Construction defect litigation [originally in Guralnick & Gilliland's Tenth Annual Legislative Update]

Richard Ray v. Valley Forge Insurance Company (2000) 77 Cal.App.4^th 1039, 92 Cal.Rptr.2^d 473. Contractors who work as "construction consultants" should obtain coverage for professional liability [originally in Guralnick & Gilliland's Fifteenth Annual Legislative Update]

Reeves v. Carrollsburg Condominium Unit Owners Ass'n (1997) 1997 WL 1877201). Where governing documents provide that violations of laws are also violations of the governing documents, association may have direct responsibility for intervening to prevent discrimination [originally in Guralnick & Gilliland's Fifteenth Annual Legislative Update]

Rodgers v. City of Fremont (9^th Cir. 1999) 173 F.3^d 861, 1999 WL 191511. Vehicle Code provisions allowing towing of cars are constitutional [originally in Guralnick & Gilliland's Fourteenth Annual Legislative Update]

L.C. Rudd & Son, Inc. v. Superior Court of Alameda County (Krystal, et Al., Real Parties in Interest) (1997) 52 Cal.App.4^th 742, 60 Cal.Rptr.2^d 703. Good faith settlement must include appropriate allocation of settlement amount [originally in Guralnick & Gilliland's Twelfth Annual Legislative Update]

Salka v. Dean Homes of Beverly Hills, Inc. (1994) 23 Cal.App.4^th 952; 22 Cal.Rptr.2^d 902. Strict liability in construction defect cases - emotional distress damages can be recovered in some cases [originally in Guralnick & Gilliland's Ninth Annual Legislative Update]

Scowden, et al. v. Burrill, et al. (2001) 2001 WL 1230517 (Cal.App.4 Dist). Homeowner association not held liable for indecent exposure of one resident to another [originally in Guralnick & Gilliland's Sixteenth Annual Legislative Update]

Shapiro v. Sutherland (2^nd Dist. 1998) 64 Cal.App.4^th 1534, 76 Cal.Rtpr.2^d 101). A seller must disclose facts regarding the property which would materially affect its value or desirability [originally in Guralnick & Gilliland's Thirteen Annual Legislative Update]

Sharon P. v. Arman, Ltd. (1999) 21 Cal.4th 1181. Operator of commercial parking garage has no duty to provide security measures to protect patrons from criminal acts by third parties unless there have been prior similar criminal acts [originally in Guralnick & Gilliland's Fourteenth Annual Legislative Update]

Shipman v. Boething Tree Farms, Inc. (2000) 77 Cal.App.4^th 1424, 92 Cal.Rptr.2^d 566 and Calhoon v. Lewis (2000) 81 Cal.App.4^th 108, 965 Cal.Rptr.2^d 394. Premises liability of private landowners to third parties [originally in Guralnick & Gilliland's Fifteenth Annual Legislative Update]

Smith v. Laguna Sur Villas Community Association (2000) 79 Cal.App.4^th 639, 94 Cal.Rptr.2d 321 321. Homeowner Members are not entitled to bills and other attorney-client privileged communications from the association's attorney to the board of directors [originally in Guralnick & Gilliland's Fifteenth Annual Legislative Update]

Stearman v. Centex Homes (2000) 78 Cal.App.4^th 611, 92 Cal.Rptr.2^d 761. Home purchasers can recover costs of experts as an element of damages in construction defect litigation [originally in Guralnick & Gilliland's Fifteenth Annual Legislative Update]

Strub, et al. v. PGA West II Residential Association, et al. (2001) 2001 WL 1192110 (Cal.App.4 Dist). Authority of Board of directors to overrule architectural committee [originally in Guralnick & Gilliland's Sixteenth Annual Legislative Update]

Swann v. Olivier (1994) 22 Cal.App.4^th 1324, 28 Cal.Rptr.2^d 23. Negligence - Property outside one's ownership [originally in Guralnick & Gilliland's Ninth Annual Legislative Update]

Thaler v. Household Finance Corp. ( 2000) 80 Cal. App. 4^th 1093, 95 Cal.Rptr. 2^d 779. Despite contrary provisions in CC&Rs, the priority of the association's lien is based upon the recordation date of notice of assessment lien [originally in Guralnick & Gilliland's Fifteenth Annual Legislative Update]

Thies v. Law Offices of William A. Wyman (1997) 969 F.Supp 604. Application of Fair Debt Collection Practices Act to the collection of delinquent assessments [originally in Guralnick & Gilliland's Twelfth Annual Legislative Update]

Tully v. World Savings & Loan Association (1997) 56 Cal.App.4^th 654, 65 Cal.Rptr.2^d 545. Publication and notice requirements in foreclosure of delinquent assessments [originally in Guralnick & Gilliland's Twelfth Annual Legislative Update]

Villa de Las Palmas Homeowners Association v. Terifaj (2002) 99 Cal. App. 4^th 1202. Homeowner bound by post-purchase amendments to the CC&Rs [originally in Guralnick & Gilliland's Seventeenth Annual Legislative Update]

Villa Milano Homeowners Association v. Il Davorge (2000) 84 Cal.App.4^th 819, 102 Cal.Rptr.2^d 1. Binding arbitration clause does not prevent homeowners from suing for construction and design defects [originally in Guralnick & Gilliland's Fifteenth Annual Legislative Update]

Vosatka v. Wolin-Levin, Inc. 1995 WL 443950 (N.D.III.). Assessments are not debts as that term is defined under the Fair Debt Collection Practices Act [originally in Guralnick & Gilliland's Eleventh Annual Legislative Update]

Ward v. Superior Court (Beverlywood Homes Ass'n) (1997) 55 Cal.App.4^th 60, 63 Cal.Rptr.2^d 731. Notice of Non-Compliance is not a recordable instrument [originally in Guralnick & Gilliland's Twelfth Annual Legislative Update]

Windsor Square Homeowners Association v. Citation Homes (1997) 54 Cal.App.4^th 547, 62 Cal.Rptr.2^d 818. No right to jury trial of res judicata defense [originally in Guralnick & Gilliland's Twelfth Annual Legislative Update]

Woodward Park Homeowners Association v. Garreks, Inc. (2000) 77 Cal.App.4^th 880, 92 Cal.Rptr.2^d 268. Association may require city to prepare an Environmental Impact Report (EIR) under California Environmental Quality Act before approving the project [originally in Guralnick & Gilliland's Fifteenth Annual Legislative Update]

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