Queen Villas HOA v. TCB Prop. Management
Jacqueline Wilburn was a member of the board of directors of the Queen Villas Homeowners Association in Inglewood. Allegedly (at least according to her) the condominiums suffered a variety of construction defects and Wilburn, thinking she had special skills in the management of plaintiffs construction defect litigation, agreed to provide extraordinary services to facilitate that litigation, including selecting and communicating with counsel, and coordinating the litigation on the associations side. She was paid for her services from the association checking account, allegedly with the knowledge and at least tacit agreement of the associations property management company, TCB Property Management, which is the dba of Laura Dawson. The property management company maintained the associations checking account and checkbook.
The trial court granted the motion for summary judgment based on the indemnity clause quoted above as paragraph F under Section II, also concluding that the property managers negligence only constituted passive negligence, and further that, as pled, the damages sustained by the association were not solely the property managers fault. The association now appeals from the ensuing judgment.
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