This matter was continued from April 12, 2018, to allow Chevron’s counsel to respond with supplemental briefing to an argument raised by Plaintiffs’ counsel for the first time during oral argument. Specifically, Plaintiffs’ counsel argued that the statute of limitations is only applicable to a voidable contract; whereas contracts which are void ab initio for lack of consideration are not subject to the limitations period. In support of that argument, Plaintiffs cited Costa Serena Owners Coalition v. Costa Serena Architectural Comm. (2009) 175 Cal.App.4th 1175.1
At issue in Costa Serena was whether amendments to the declaration of restrictions were void ab initio or voidable. The appellate court determined that the trial court had erred in ruling that the amendments were void ab initio and subject to collateral attack at any time, and instead found that the amendments were voidable. Thus, attacks as to their validity were subject to the applicable statute of limitations. The appellate
Hearing Date
May 16, 2018
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This matter was continued from April 12, 2018, to allow Chevron’s counsel to respond with supplemental briefing to an argument raised by Plaintiffs’ counsel for the first time during oral argument. Specifically, Plaintiffs’ counsel argued that the statute of limitations is only applicable to a voidable contract; whereas contracts which are void ab initio for lack of consideration are not subject to the limitations period. In support of that argument, Plaintiffs cited Costa Serena Owners Coalition v. Costa Serena Architectural Comm. (2009) 175 Cal.App.4th 1175.1
At issue in Costa Serena was whether amendments to the declaration of restrictions were void ab initio or voidable. The appellate court determined that the trial court had erred in ruling that the amendments were void ab initio and subject to collateral attack at any time, and instead found that the amendments were voidable. Thus, attacks as to their validity were subject to the applicable statute of limitations. The appellate