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Saturday, October 17, 2015

Coto de Caza’s HOA Lawyer loses one more battle. Guess who pays?



Posted by CotoBlogzz

Coto de Caza, CA – Every time we get a chance, we yell that homeowners associaiton Lawyers and property management companies use homeowners as their private HOA.  Or as we previously reported in the previous posted titled  New lawsuit sheds light on corruption in HOA industry   “because of the seemingly unlimited and perpetual financial resources of the Association, the service providers often offer the Association self-serving advice, and make self-serving decisions which line their own pockets financially"

Worse, Coto de Caza’s largest HOA, the CZ Master Association, is also the most litigious HOA in Southern California, and now its lawyer, James Harkins has lost another battle (30-2014-00719598 ) charging the  HOA $30,000 for a Small Claims Court complaint!  Guess who is footing the bill? HINT:  It is   not Harkins, not the property manager and not the HOA directors.

In this last case, defendant Miner’s Request for Court Order to vacate the court’s dismissal of the Small Claims action without prejudice, and to enter a dismissal with prejudice, was granted. 

Trial, within the meaning of CCP § 581(a)(6), commenced within the meaning of CCP § 581(e), when the court heard witness testimony on the trial de novo on 9/22/14 and 10/6/14.  After commencement of trial, the HOA no longer possessed the right to dismiss without prejudice.  The HOA has failed to make a showing of good cause for any different result, within the meaning of CCP § 581(e). 
CCP § 473 allows a court in its discretion, to set aside an order made through a party’s mistake, inadvertence, surprise, or excusable neglect.  Here, the court’s 3/9/15 order dismissing the HOA’s complaint without prejudice, was entered as a result of Miner’s mistake, inadvertence, surprise, or excusable neglect in failing to file his opposition to the HOA’s request in the Central branch court rather than Harbor branch court (where the Small Claims action originated), and his confusion in not knowing he was able or required to attend the 3/9/15 hearing.  Accordingly, the court exercises its discretion to set aside the 3/9/15 order dismissing the HOA’s Small Claims action without prejudice.



We continue our investigation as to why the CZ Master Association is the most litigious HOA in Southern California.  We ask its president Xochitl Yocham to help us unravel the mystery, but instead of helping us, she continues with obfuscation:  The HOA has failed to provide us records of complete legal expenses for a specified period, as prescribed by civil code.  Our preliminary conclusion is that Ms Yocham and the HOA’s lawyer and property management company, are toxic to the homeowner’s wallet


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