Hornbeak v. Legacy At Mission Hills
Dec 07, 2007OUTCOME: Motion for Summary Judgment granted in client's favor
In 2007/2008, Mr. Poelstra successfully defended a homeowners association after a developer sued it for declaratory relief and fraud concerning a surety bond. Mr. Poelstra filed a motion for summary ju ... dgment and argued the developer's claims had no merit as a matter of law, based on an in-depth analysis of California surety law. The Court agreed and granted the motion for summary judgment in favor of Mr. Poelstra's HOA client. Upon prevailing, Mr. Poelstra filed a motion to recover his HOA client's attorneys' fees. Just prior to the hearing on the motion, the parties reached a settlement agreement that required the developer to reimburse Mr. Poelstra's HOA client over $115,000.00.
