Legal Question in Civil Litigation in California

Re: Lawsuit by property management

I am not sure how you can be responsible for the lawsuit of another. As your questions reads, you were not a party to the action. Next, simply because the plaintiff loses a lawsuit does not automatically entitle the defendant then sue a losing plaintiff (And you were not even a plaintiff in the action!). (FROM THE 2004 CIVIL CODE OF PROCEDURE - NOT CURRENT) CCP, Section 128.5 provides in part, ...�Every trial court may order a party, the party's attorney, or both to pay any reasonable expenses, including attorney's fees, incurred by another party as a result of a bad-faith actions or tactics that are frivolous..." First, I am not sure that this law has changed, you may want to research it. Next, assuming that the above is still good law, first, you were not a party, second, the HOA could not hire an attorney to represent them in small claims and thus the expense of attorney�s fees should not apply, and finally, I am not a small claims expert, but I highly doubt that a small claims judge will entertain CCP 128.5 since the small claims courts are usually packed and the judges do not have much time to research law, etc. Depending on where you live, there may be legal aid specializing in small claims actions that will be able to advise you further. With that said, my knee jerk reaction is that a small claims judge will toss the case out accompanied with very harsh words to the HOA.

Re: Lawsuit by property management

I am not sure how you can be responsible for the lawsuit of another. As your questions read, you were not a party to the action. Next, simply because the plaintiff loses a lawsuit does not mean the defendant can then counter-sue a losing plaintiff (And you were not even a plaintiff in the action!). (FROM THE 2004 CIVIL CODE OF PROCEDURE - NOT CURRENT) CCP, Section 128.5 provides in part, ...�Every trial court may order a party, the party's attorney, or both to pay any reasonable expenses, including attorney's fees, incurred by another party as a result of a bad-faith actions or tactics that are frivolous..." First, I am not sure that this law has changed, you may want to research it. Next, assuming that it has not, you were not a party, the HOA could not hire an attorney to represent them in small claims and thus the expense of attorney�s fees should not apply, and finally, I am not a small claims expert, but I highly doubt that a small claims judge will entertain CCP 128.5 since the small claims court is usually packed and the judges do not have a lot of time to research law, etc. Depending on where you live, there may be legal aid specializing in small claims actions that will be able to advise you further. With that said, my knee jerk reaction is that a small claims judge will toss the case out accompanied with very harsh words to the HOA.