Chen v. Assn. Lien Services
Filed 6/1/06 Chen v. Assn. Lien Services CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
| JAY T.S. CHEN, Plaintiff and Appellant, v. ASSOCIATION LIEN SERVICES et al., Defendants and Respondents. | G035402 (Super. Ct. No. 03CC11691) O P I N I O N |
Appeal from an order of the Superior Court of Orange County, Charles Margines, Judge. Affirmed.
Ross, Dixon & Bell and Mohammed K. Ghods for Plaintiff and Appellant.
Swedelson & Gottlieb, Sandra L. Gottlieb, David C. Swedelson and Melanie J. Bingham for Defendants and Respondents Association Lien Services.
Haight Brown & Bonestell, Michael F. Long and Donald A. Diebold for Defendants and Respondents Niguel Ranch Homeowners Association and Seagate Niguel Homeowners Association.
Hatton, Petrie & Stackler and Arthur R. Petrie II for Defendant and Respondent Seabreeze Management Company.
Plaintiff Jay Chen appeals the trial court's order denying his motion for class certification and orders pertaining to the evidence considered. He also purports to appeal the earlier denial of a protective order. The only order properly before us, however, is the one pertaining to class certification. We find the court properly denied that motion because Chen failed to offer sufficient admissible evidence to demonstrate the existence of the prerequisites for a class action.
I
FACTS
Background
As of 2000, plaintiff Jay Chen owned a residential property located on Sanoria Street in Laguna Niguel (the property). Chen did not live at the property, but it was one of several rental properties he owned at the time. The property was part of both Niguel Ranch Homeowners Association (Niguel Ranch) and Seagate Niguel Homeowners Association (Seagate). Each association's monthly dues were $30, and both had collection procedures that provided for late fees, pre-lien procedures after 30 days' delinquency, and the potential for lien and possible foreclosure. Costs of collecting unpaid assessments were to be borne by the homeowner. Both associations are managed by Seabreeze Management Company (Seabreeze), which keeps a record of homeowners' payment histories.
In or around July 2000, Chen apparently left the country to care for a sick relative, and he stopped paying dues for either association. On August 10, 2000, Seabreeze, on behalf of each association, sent letters to both the property and the home address on file for Chen, advising him that no payment had been received and that consequences such as lien and foreclosure could follow. In September, when the accounts were three months delinquent, the associations authorized Association Lien Services (ALS) to begin collection through nonjudicial foreclosure proceedings. At that time, Chen owed Niguel Ranch $245 and Seagate $225, including assessments, late fees, and other charges authorized by the associations' collection procedures.
On September 27, 2000, ALS sent letters to Chen via regular and certified mail at his home and the property address advising him of the unpaid assessments. The letters demanded $463.40 for Niguel Ranch and $448.10 for Seagate, which included both the previous amounts owed and ALS charges. The record shows several certified mail return receipts for Chen's home address, dated October 19, 2000 and apparently bearing the signature â€
