Home Owner Association

In an unpublished case, Durack v. Wang, B276086,  on September 27, 2017 the Court stated that Civil Code 1717 does NOT apply in an action based upon CC&R’s so attorney’s fees can be awarded against a party who voluntarily dismissed an action!  In this case Plaintiffs  brought an action against their condominium homeowners association and several individual defendants and settled as to all defendants but one, then voluntarily dismissed their action against the hold-out defendant.  
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