Eith v. KetelhutAnnotate this Case
The Court of Appeal affirmed the trial court's judgment applying the Lamden judicial deference rule to the Board of Director's decision that defendants' operation of a vineyard was not a prohibited business or commercial use under the covenants, conditions, and restrictions of a homeowners association. In Lamden v. La Jolla Shores Clubdominium Homeowners Assn. (1999) 21 Cal.4th 249 (Lamden), the California Supreme Court cautioned courts to give judicial deference to certain discretionary decisions of duly constituted homeowners association boards. The court held that the trial court properly applied the judicial deference rule in this case. The court also affirmed the award of attorney fees and costs, and rejected claims of procedural error.