CHAMPIR LLC V. FAIRBANKS RANCH ASSOCIATION. (2021) 66 Cal.App.5th 583. [PREVAILING PARTY IN LITIGATION]

Plaintiff owners sued the association over a dispute arising from the association's plan to install traffic signals at the entrance gates of the Association, one of which would be directly outside Plaintiffs' home. Plaintiffs contended that the association breached the CC&Rs by failing to obtain a vote of the members prior to installing the traffic signal. Plaintiffs successfully obtained a temporary restraining order and preliminary injunction stopping the construction. After the TRO and preliminary injunction was issued, the association then obtained approval from a majority of the membership to install the traffic signal, and the court then dissolved the preliminary injunction upon the association’s request. Once the preliminary injunction was dissolved, plaintiffs dismissed the remaining causes of action. Plaintiffs and the association filed motions seeking reimbursement of their attorney’s fees and costs as both parties claimed they were the prevailing party in the lawsuit and sought their respective attorneys fees from the other. The court deemed Plaintiffs to be the prevailing party because they achieved their litigation objection, which was to have the association hold a vote of the members to approve the traffic signal installation pursuant to the CC&Rs, and not block the traffic signal. The Court of Appeal concurred with the trial court that plaintiffs were the "prevailing party."