Loma Linda Homeowners Association v. Aquino CA4/1

Filed 4/22/25 Loma Linda Homeowners Association v. Aquino CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

LOMA LINDA HOMEOWNERS D085390 ASSOCIATION,

Plaintiff and Respondent, (Super. Ct. No. CIVDS1922755) v.

JOSE AQUINO, as Trustee, etc.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Bernardino County, Jay H. Robinson, Judge. Affirmed. Wagner Zemming Christensen and Marty E. Zemming for Defendant and Appellant. Larry Rothman & Associates and Larry Rothman for Plaintiff and Respondent. Jose Aquino is trustee of the 1520 #35 Coulston Trust (Trust), which owns a unit within the Loma Linda Homeowners Association (Association) in San Bernardino. Aquino appeals from an order denying his request for an award of attorney fees against the Association under the prevailing party fees provision of the Davis-Stirling Common Interest Development Act (Davis-

Stirling Act). (Civ. Code,1 § 5975, subd. (c).) Finding no abuse of discretion, we affirm the order. FACTUAL AND PROCEDURAL BACKGROUND In July 2019, the Association filed a lawsuit against Aquino as trustee of the Trust. The complaint alleged that the Trust owned a unit within the Association that was subject to the governing covenants, conditions, and restrictions (CC&Rs). It further alleged that the Trust was delinquent in payment of nearly $20,000 in monthly association dues, interest, costs, and fees. The complaint asserted claims for breach of contract, account stated, money had and received, and judicial foreclosure. The Association was represented by attorney Larry Rothman. Aquino filed an answer to the complaint and a cross-complaint in his capacity as trustee for the Trust. In the cross-complaint, Aquino named as cross-defendants the Association and several others, including attorney Rothman. Aquino alleged that cross-defendants were engaged in a conspiracy to defraud him by making false claims of delinquent assessments and recording unsubstantiated deeds of trust. The cross-complaint asserted claims for quiet title, slander of title, civil conspiracy, fraud and deceit, breach of the CC&Rs, breach of fiduciary duty, and declaratory relief. In August 2020, the trial court granted a motion filed by the Association and Rothman to strike Aquino’s entire cross-complaint under the anti-SLAPP statute. (Code Civ. Proc., § 425.16.) The court awarded attorney fees in the approximate amounts of $18,000 to the Association and $14,000 to