Motion-Secondary: Julie Nguyen vs Little Orchard Business Park Owners Association

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                                NORMAN LA FORCE, SBN 102772
LAW OFFICE OF CHRISTIAN B. GREEN


Direct Line:   510-645-2314

Facsimile:  510-645-2324
Email: Norman.LaForce@CNA.com



ASSOCIATION

                                        STATE OF CALIFORNIA
                        FOR THE COUNTY OF SANTA CLARA



JULIE T. NGUYEN

                     Petitioner,       RESPONDENT’S MEMORANDUM OF
                                       POINTS AND AUTHORITIES IN

                                       ATTORNEYS’ FEES AND COSTS

OWNERS ASSOCIATION,
                                       Hearing Date
                                       Date:     May 10, 2019
                                       Time:     9:00 A.M.
                                       Dept.:    10




  RESPONDENT’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ITS MOTION
       NATURE OF RELIEF REQUESTED

       The Petitioner Julie Nguyen (hereinafter the “Petitioner”), is a member of the Little

Orchard Business Park Owners Association (h



lawsuit alleging that the Association had failed to produce the Association’s documents which

Petitioner had demanded pursuant to the Associ



       The Court heard the petiti

                                              Enabling Declaration of the Little Orchard Park

                                          among the owners and the Association, the



Court for any action at law regarding enforcement of the Declaration or the Association By-



                                                   ng its fees and costs in the amount of



       FACTS

       The owners of the business park are member

members in a California non-profit mutual be                          the Commercial and

Industrial Common Interest Development Act,

Orchard Business Park Owners Association

Bylaws which are binding on its members when a                             mes an owner in the



       “Enforcement: The Association or any owner,

proceeding at law or in equity, all restrictions, conditions, reservations, liens, and charges



such action shall be entitled to recover reasonable attorneys’ fees as are ordered by the




  RESPONDENT’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ITS MOTION
(Declaration of William Forrester at ¶ 2 and Exhibits A and B.)

       The Association’s Bylaws specifically provide in “Article X, Books and Records,



       “Inspection by Members: The membership register (including names, addresses, and

voting rights), books of account and minutes of meetings of the members of the Board, and of

committees shall be made available for inspection and copying by any member of the

Association…”

(Forrester Declaration at ¶ 3 and Exhibit C.)

       On or about May 8, 2018, Petitioner Julie Nguyen filed a petition for Writ of Mandate

to compel production of corporation records,




       The Association incurred attorn

                                                 Adams Stirling office defend the Association.



(Forrester Declaration ¶ 4 and Exhibit D.) Those fees and costs were reasonable in terms of

time and hourly rate. The Adams Stirling law firm is one of the most recognized law firms in

the State of California for repr                                 like Little Orchard. Indeed, the

Stirling in the firm is the same Stirling who wa

the statute that covers common                                    tion of Norman La Force at ¶



       Upon tender of the lawsuit of the Associa

Association substituted out of the Adams Stirling firm to Norman La Force of the Law Offices

                                           ttorney with over ten years of experience in

                                   corporations including ones like Little Orchard. Mr. La Force




  RESPONDENT’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ITS MOTION
       In addition, the Association in




       THE COURT SHOULD AWARD RESPONDENT ATTORNEYS FEES AND

       COSTS

       Civil Code section 1717 pr

       (a) In any action on a contract, where the cont
       fees and costs, which are incurred to enfor
       one of the parties or to the prevailing party, then the party who is determined to be the
                                                         she is the party specified in the contract
                                                   rney’s fees in addition to other costs.
       Where a contract provides for attorney’s fees
       construed as applying to the entire contract, unless each party was represented by

       representation is specified in the contract.
       Reasonable attorney’s fees shal                               shall be an element of the
       costs of suit.”



are to be awarded as a cost of the suit through the filing of the noticed motion for the award of



        (5) (A) If a statute of this state refers to
       attorney’s fees are an item and component of the costs to
                                                                             sion (a). A claim not

                                                               ble as costs pursuant to
                                        (10) of subdivision (a) may be
       a noticed motion, (ii) at the time a statement of decision
       application supported by affidavit made concurrently with a claim for other costs, or
       (iv) upon entry of default judgment. Attorney

                                                 ult judgment, unless otherwise provided by




  RESPONDENT’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ITS MOTION
         The Association was the prevailing part in this writ proceeding. The governing

documents for the Association ar



                                ble in terms of the time spent

reasonably incurred. Therefore, the Association requests that the court grant it this motion and

award the Association the attorneys’ fees.

IV.      CONCLUSION

         The Association hereby requests that the

                            ees in the amount of and costs in the total amount of $25,040.50.


Dated:                                LAW OFFICE OF CHRISTIAN B. GREEN


                                              By:
                                                    NORMAN LA FORCE, ESQ.

                                                    LITTLE ORCHARD BUSINESS PARK
                                                    OWNERS ASSOCIATION




  RESPONDENT’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ITS MOTION
                             PROOF OF SERVICE BY MAIL

 STATE OF CALIFORNIA                   )
                                       ) SS:
 COUNTY OF ALAMEDA                     )

I am employed in the County of Alameda, State of California. I am over the age of 18 and not
a party to the within action; my business address is: 555 12 Street, Suite 600, Oakland, CA


On March 13, 2019, I served the foregoing document described as RESPONDENT’S
MEMORANDUM OF POINTS AND AUTHORIT
FOR ATTORNEYS’ FEES AND COSTS



                      LAW OFFICE OF DENNIS KOLLENBORN




                                    dennis@kollenbornlaw.com

     BY MAIL: As follows: I am "readily familiar" with the firm's practice of collection and
processing correspondence for mailing. Under that practice it would be deposited with U.S.
postal service on that same day with postage thereon fully prepaid at Oakland, California, in
the ordinary course of business. I am aware that on motion of the party served, service is
presumed invalid if postal cancellation date or postage meter date is more than one day after
date of deposit for mailing in affidavit.

     (State)      I declare under penalty of perjury under the laws of the State of California
that the above is true and correct.




  RESPONDENT’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ITS MOTION