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JAMES F. O'TOOLE CO., INC. v. ASSOCIATION

No. B172607.

23 Cal.Rptr.3d 894 (2005)

126 Cal.App.4th 549

JAMES F. O'TOOLE COMPANY, INC., Plaintiff and Respondent, v. LOS ANGELES KINGSBURY COURT OWNERS ASSOCIATION, Defendant and Appellant.

Court of Appeals of California, Second District, Division 1.

February 3, 2005.

Attorney(s) appearing for the Case

Rapkin, Gitlin & Beaumont and Michael S. Rapkin, Woodland Hills, for Defendant and Appellant.

John F. Kunath, Jr., for Plaintiff and Respondent.

VOGEL, J.

A plaintiff obtained a judgment against a homeowners association. When the association failed to pay the judgment and refused to levy a special emergency assessment against its members, the plaintiff obtained an order appointing a receiver and compelling the association to levy the emergency assessment. The association appeals, claiming it cannot be ordered to impose an assessment and, inferentially, that the judgment never has to be paid. We reject the...

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