Hup v. Solera Oak Valley Greens Assn. CA4/2
Defendant and appellant, Solera Oak Valley Greens Association (Solera) appeals the trial court’s ruling on Solera’s motion for attorney’s fees and costs (collectively referred to as attorney’s fees). After plaintiff and respondent Aristea Hupp filed a notice of appeal of the dismissal of her first amended complaint (Aristea’s appeal, Hupp v. Solera Oak Valley Greens Association (2017) 12 Cal.App.5th 1300), Solera filed a motion for attorney’s fees. In the instant appeal (Solera’s appeal), Solera contends the $3,000 attorney’s fees award constitutes an abuse of discretion because it is unreasonably low.
Because in Aristea’s appeal, we partially reversed the dismissal of Aristea’s first amended complaint, the instant appeal is moot. Solera is no longer the prevailing party and an award of attorney’s fees as to Aristea is premature. The $3,000 order for attorney’s fees must be vacated, if the trial court has not done so. Under these circumstances, Solera’s
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