A Gordon Rees Scully Mansukhani trial team led by Craig Mariam, along with colleagues John Fraher, Scott McCaskill, and Jonathan Schaub, obtained a complete defense judgment on behalf of a San Diego-area homeowners’ association following a three-day bench trial in San Diego Superior Court.
The plaintiffs, two association members, sought declaratory relief as to whether the association violated the Common Interest Development Open Meeting Act (Civil Code §§ 4900–4955) (“OMA”) in relation to emails exchanged between other directors, as well as two executive board meetings. At trial, the plaintiffs claimed a total of 3,980 OMA violations had occurred and sought $1.99 million in statutory penalties. However, in light of the evidence and arguments advanced by the Gordon & Rees team at trial, the court determined the association did not commit any OMA violations whatsoever, and, as a result, awarded no penalties against the association.