That v. Alders Maintenance Association

Irvine, Orange · CA · California Court of Appeal, Fourth District, Division Three

MIXED · elections-meetings

What happened

Owner Dinh Ton That challenged a failed February 9, 2009 recall election at Alders (Irvine). He pursued small claims, a writ petition, then a superior-court action seeking declaratory/injunctive relief and Civil Code § 1363.09 civil penalties after the one-year period. The trial court sustained dismissal and awarded the association roughly $15,000 in attorney fees. On June 15, 2012, the Court of Appeal affirmed that the election-related claim was time-barred (accrual on the election date) in the unpublished portion, but in the published portion reversed the attorney-fee award to the association because the governing statute did not authorize fees to a prevailing association in that context.

What the court (or agency) held

Mixed. That’s substantive election challenge was barred by the one-year statute of limitations (affirmance on limitations). Separately, the association’s ~$15,000 fee award was reversed: in this statutory setting, prevailing associations were not entitled to attorney fees as the trial court had awarded. Published lesson centers on fee asymmetry under the election-challenge statute then in force (former Civ. Code § 1363.09 framework).

Why this matters for members

This result is MIXED — a partial win, not a clean sweep on every claim. California election/recall challenges are deadline-driven—waiting to “try again” in superior court after small claims/writ skirmishes can kill the claim. Even when an owner loses on limitations, fee statutes may not automatically give the association a prevailing-party fee award; read the exact Civil Code fee language rather than assuming mutual fee-shifting.

What the member did

Pursued recall-election remedies and appealed the association's fee award under the Davis-Stirling election statute.

What did not work

Filing after the one-year statute of limitations (and relying on UCL to evade it) failed; the election claims remained dismissed.

Questions for the board

Questions for a lawyer

Citation

That v. Alders Maintenance Association, 206 Cal. App. 4th 1419; G044799 (2012) (2012-06-15). California Court of Appeal, Fourth District, Division Three. Outcome chip: MIXED. Flags: MIXED. Source: https://caselaw.findlaw.com/court/ca-court-of-appeal/1601927.html

_General information, not legal advice. Outcomes turn on facts and current law._

Source opinion

General information, not legal advice. Outcomes turn on facts and current law.

Not a law firm. Not legal advice. Confirm this against your documents and your state’s law.