Skistimas v. Old World Owners Ass'n

[950]

Opinion

SILLS, P. J.

Alfred Skistimas sued the individual members of the board of the Old World Owners Association (the Association) for violating certain provisions of the covenants, conditions and restrictions (CC&R’s), which allegedly had a negative effect on his business. He also claimed the board members slandered him and threatened to force him out of the Old World Village, and he alleged one board member threatened to shoot him. Skistimas also sued the Association, claiming it selectively enforced the CC&R’s, breached its fiduciary duty to him, failed to supervise individual board members, and slandered him.

The trial court summarily adjudicated some causes of action, granted motions for judgment on others (Code Civ. Proc., § 631.8),

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and ultimately entered judgment against Skistimas on the entire complaint. It awarded attorney fees and costs to the defendants, but denied their request for expert witness fees under section 998. Skistimas appeals from the judgment, and the individual defendants appeal from the denial of expert witness fees. We affirm the judgment but reverse the denial of expert witness fees.

FACTS

Second Amended

Complaint

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Motions for Summary Judgment

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Trial

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Motion for Costs

The defendants moved to recover attorney fees as the prevailing party in an action involving the enforcement of CC&R’s. (Civ. Code, § 1354, subd. (f).) The trial court found them to be the prevailing parties and awarded them

[951]