Smolker v. Pacific Villas Homeowners Assn.
In this decade long case, a homeowner cross-complained for bodily injury and property damage relating to termite extermination and other home repairs in his condominium complex. Cross defendants are the homeowners association, fellow condominium unit owners, their insurers, and executives of the business manufacturing the pesticide. In an earlier appeal, this court affirmed the sustaining of demurrers by certain cross-defendants to the cross-complaint without leave to amend. The homeowner now appeals the trial courts sustaining of demurrers to the second and fifth amended cross-complaints, grant of summary judgment, and denial of his motion to tax costs. The homeowners association appeals the trial courts denial of its motion for attorneys fees. The insurer for the homeowners association additionally moves for sanctions. Court stay the appeal as to one of the insurers, whose liquidation is pending, and otherwise affirm the judgment and orders.
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