Litigation timeline – partial payments

  • Following the loss in trial court in September 2012 an appeal was filed;
  • There three Appellate Judges, the full panel, ruled in my favor (owners favor);
  • Feldsott filed with the panel again asking for clarification;
  • The three Appellate Judge ruled again in my favor (owners favor), sending the case back to trial court to establish damages; if any. This would have included late fees, interest, other fees. Our spreadsheet shows I overpaid when I tendered my check. This ruling secured your ability to make partial payments;
  • Feldsott, with your Board’s permission and support, did not want to take this ruling for an answer and now is asking the full Appellate panel to review the entire ruing and re-rule on the action;
  • We are now waiting if they will hear the case or not. As owners we can simply stop this by demanding the Board withdraw. As owners, we have the standing, and if we like the ruling as it is with the ability to make payments, we should demand our Board advise the attorneys not to proceed.
  • Feldsott (the association attorneys) has nothing to lose they can keep going up to the Supreme Court using your money and your standing if the Board continues to allow it. Someone will have to pay the legal fees! Are you going to let your Board of Directors place you in harms way?

 

The issue here is that you have already won! You now have a victory that you can make partial payments. Your Board is wasting more of your money fighting this, using you as standing, in a case that solidifies your rights to make payments in times of crisis. If your Board supported them Feldsott could try take this up to the Supreme Court of California. With every minute of their time more attorney fees are generated and you are on the hook for those fees eventually and they could be $100,000 OR $200,000! Perhaps reaching $400,000! ($1000 for every unit in the Huntington Continental HOA!) We have sent mailers and placed flyers at your doorstep. We have done everything in our power to warn you. Ask your Board if they have a reserve to pay $400,000 in legal fees to attorneys!

 

INFORM YOURSELF! – READ THESE DOCUMENTS TODAY

 

We have tried to warn people before in other situations that you must act, you need to tell your Board you don’t want to incur legal fees and you wish to keep your partial payment victory! SIGN THE PETITION! (Do not send it to the board or Keystone!)