Brenner v. Peet-Thompson CA2/2

Filed 12/7/15 Brenner v. Peet-Thompson CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

LOIS BRENNER, B261284

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. SC120771) v.

JANIE PEET-THOMPSON et al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County. Lisa Hart Cole, Judge. Affirmed.

Cohon & Pollak, Jeffrey M. Cohon, Kristina S. Keller for Plaintiff and Appellant.

Slaughter, Reagan & Cole, Barry J. Reagan, Gabriele M. Lashly for Defendants and Respondents.

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A condominium owner sued her homeowners’ association and its directors for damage to her unit due to improper maintenance or repair of the common areas. The trial court dismissed the owner’s breach of fiduciary duty claim against the directors, while allowing her to proceed with her claims against the association. We affirm. ALLEGATIONS Lois Brenner is a member of the Belair Courtside Condominiums Owners’ Association (the COA), a California nonprofit mutual benefit corporation. Under the Declaration of Covenants, Conditions & Restrictions (CC&Rs), the COA is responsible for the maintenance and repair of all common areas. The COA contracts with an outside company, Westcom, to manage its property and business affairs and help discharge the COA’s duty to maintain the common areas. The COA and Westcom failed to discharge their duties. Water infiltrated the improperly maintained or sealed roof and skylights; mold grew inside of walls; framing, drywall, insulation and ceilings developed dry rot, water damage, and fungal infections. These conditions led to airborne mold in Brenner’s unit, a health nuisance. The COA failed to waterproof the garage and other subterranean areas, leading to water intrusion and deterioration. The COA’s board of directors spent reserve funds for purposes other than the repair, restoration, replacement or maintenance of the common areas. Brenner tried to resolve her dispute with the COA by requesting repairs to her unit and the common areas. The COA, through its board of directors, refused to repair the damage and disclaimed responsibility, in violation of the CC&Rs. PROCEDURAL HISTORY Brenner filed suit against the COA, Westcom, and four individuals who served on the COA’s board of directors: respondents Janie Peet-Thompson, Earl Feldhorn, Arlene Posen, and Nancy Koss.1 Only one cause of action, for breach of fiduciary duty, is alleged against respondents.