Fountain Valley Chateau Blanc Homeowner Association v. Department Of Veterans Affairs

79 Cal. Rptr. 248 (1998)

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Nature of the Case

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Facts

Cunningham (D) purchased a home in Fountain Valley (P) with the help of the Department of Veterans Affairs (D). D is a senior citizen who suffers from Hodgkins' disease. P’s CC&Rs included clauses that required each owner to maintain the interiors of their residence in a clean, sanitary, and attractive condition. The CC&Rs permitted D to decorate his interior to his own personal tastes. P made formal complaints to D about items on his land and items inside his home. P threatened litigation if the issues were not handled such that P could inspect the premises. D removed some items. P instituted litigation under a theory that it was a fire hazard. Local fire authorities determined that his property posed no fire hazard, either indoors or outdoors. P wrote letters demanding that he clear his bed of all papers and books, discard “outdated” clothing and remove the papers, cardboard boxes, and books from the floor area around his bed and dresser. Books that were “considered standard reading material” could, however, remain in place. D found a lawyer and sued P by filing a cross-complaint for invasion of the right to privacy and breach of the homeowner's association's covenants, conditions, and restrictions. P settled with D, but D’s cross-complaint remained. The jury found that P was unreasonable. The judge granted P’s motion or a new trial. D moves to set aside the new trial order. P appealed.