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DIAMOND v. SUPERIOR COURT

No. H038734.

217 Cal.App.4th 1172 (2013)

159 Cal. Rptr. 3d 110

ARLYNE M. DIAMOND, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; CASA DEL VALLE HOMEOWNERS ASSOCIATION, Real Party in Interest.

Court of Appeals of California, Sixth District.

As modified July 12, 2013.

Attorney(s) appearing for the Case

Law Offices of Louis Spitters and Laurence Louis Spitters for Petitioner.

Barbara A. Jones as Amicus Curiae on behalf of Petitioner AARP.

Edward F. Cullen ; Law Offices of Charles L. Morrone and Charles L. Morrone for Real Party in Interest.

OPINION

BAMATTRE-MANOUKIAN, J. —

I. INTRODUCTION

Petitioner Arlyne M. Diamond owns a townhouse-style unit in the Casa Del Valle common interest development, which is managed by real party in interest Case Del Valle Homeowners Association (Association). After Diamond failed to pay a $9,750 special assessment by the due date, the Association's collection efforts included recording an assessment lien on her townhouse property and...

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