Fridman v. Beach Crest Villas Homeowners Assn. CA4
Moisey Fridman and Rosa Fridman (the Fridmans) filed a claim for breach of contract against their homeowners association, Beach Crest Villas Homeowners Association (Beach Crest), based on Beach Crest’s improper fines for an air conditioning unit. An award of attorney fees to the Fridmans and against Beach Crest was reduced to a judgment in the Fridmans’ favor. More than 11 years have passed since the Fridmans first filed their lawsuit, and the judgment remains unsatisfied due to Beach Crest’s dilatory behavior.
The Fridmans filed a petition for a writ of mandate to compel Beach Crest to levy an assessment on the homeowners other than the Fridmans to pay the judgment. As explained in a prior unpublished opinion, a special assessment is the only way for Beach Crest to satisfy the judgment. The trial court denied the petition. The Fridmans no longer have a legal or equitable interest in the judgment, having assigned it to their attorneys of record, Darling & Risbrough.
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