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OSTAYAN v. NORDHOFF TOWNHOMES HOMEOWNERS

No. B159242.

1 Cal.Rptr.3d 528 (2003)

110 Cal.App.4th 120

Sam OSTAYAN, Plaintiff and Appellant, v. NORDHOFF TOWNHOMES HOMEOWNERS ASSOCIATION, INC., Defendant and Respondent.

Court of Appeals of California, Second District, Division Five.

July 3, 2003.

Attorney(s) appearing for the Case

Ezer Williamson & Brown and Mitchel J. Ezer, Los Angeles, for Plaintiff and Appellant.

Beach, Procter, McCarthy & Slaughter, William M. Slaughter and Sean D. Cowdrey, Ventura, for Defendant and Respondent.

MOSK, J.

Defendant Nordhoff Townhomes Homeowners Association, Inc. (the Association) obtained summary judgment in the trial court on a complaint alleging (1) that the Association had been negligent and had breached its fiduciary duty to former Association member and plaintiff Sam Ostayan (Ostayan) and (2) a constructive trust of a portion of the funds received by the Association in a lawsuit against its insurance carrier. Ostayan claims he is entitled to a

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