The firm represented a condominium developer in a construction defect action brought by the homeowners’ association. The homeowners’ association was seeking hundreds of thousands of dollars in allegedly unpaid reserve contributions and thousands of dollars in damages to repair alleged defects at the property. The firm aggressively defended the developer on the grounds that the claims were barred by the statute of limitations and subject to mandatory arbitration in Las Vegas, Nevada as required by the governing CC&Rs. The firm filed a petition to compel arbitration. Prior to the court’s ruling on the petition to compel arbitration, the homeowners’ association dismissed the entire action with prejudice in exchange for a waiver of the developer’s fees and costs.
San Diego Superior Court Case No. 37-2012-00086274-CU-CD-CTL
Counsel: P. Randolph Finch Jr. and David W. Smiley