Farber v. Bay View Terrace Homeowners Assn

In Farber v. Bay View Terrace Homeowners Assn. (2006) 141 Cal.App.4th 1007, the homeowners association was a prevailing party in an action to enforce CC&R's and entitled to attorney fees under Civil Code section 1354, subdivision (c). The initial motion was supported by a declaration of counsel stating the hours spent on the case and his regular billing rate; Farber objected to the supporting evidence as inadequate. The trial court denied the initial motion for attorney fees "'without prejudice on the grounds that Moving Party did not supply the court with sufficient information to determine whether the fees were reasonable and necessary.'" (Farber, supra, at p. 1014.) The Association filed a second motion for attorney fees, submitting a detailed, itemized bill. The trial court granted the motion and awarded attorney fees. (Ibid.) On appeal, Farber contended the Association failed to state sufficient grounds for reconsideration under section 1008. (Farber, supra, 141 Cal.App.4th at p. 1014.) Both the trial and the appellate court found section 1008 did not apply because in denying the first motion without prejudice, the trial court indicated it wanted to reconsider the fee issue. (Farber, supra, at pp. 1014-1015.) The trial court had the option to continue the matter to allow the Association to submit detailed billing information or to deny the motion with leave to renew. The trial court acted within its powers by reconsidering the fee motion, essentially on its own motion. (Id. at p. 1015.)