United States District Court, D. Utah, Central Division
FRIENDS OF TUHAYE, LLC, a Delaware limited liability company, Plaintiff,
TUHAYE HOMEOWNERS ASSOCIATION, a Utah non-profit organization, Defendant. And third party claims, claims in intervention, and cross claims.
MEMORANDUM DECISION AND ORDER GRANTING  MOTION
FOR AWARD OF DAMAGES AND ADJUDICATION OF ATTORNEYS'
Nuffer United States District Judge
Defendant Tuhaye Homeowners Association (the
“Association”) has filed a Motion for Award of
Damages and Adjudication of Attorneys' Fees (the
“Motion”). The Motion seeks to set an amount of
damages and attorneys' fees against plaintiff Friends of
Tuhaye, LLC (“Friends”) on the Association's
counterclaims following the decision to grant summary
judgment in the Association's favor (the “MSJ
Order”). The Motion requires fact finding, and not
just evaluation of undisputed facts like with a motion for
summary judgment. The parties met and conferred as directed,
they have stipulated that the Motion can be decided
“based upon the moving papers and exhibits, subject to
the arguments and objections of counsel already in the
stipulated record.” The record for this Motion includes:
the Motion,  Friends' opposition to the Motion,
Association's reply,  and the sur-reply Friends filed with
leave. Based on the record for the Motion, and
being fully advised of the parties' arguments regarding
the amount of contract damages and attorneys' fees, the
court makes the following findings:
Association prevailed against Friends on its claim for breach
of contract based on undisputed material facts showing that
Friends failed to abate nuisance conditions on its properties
in violation of the Master Covenants.
MSJ Order reserved a finding of the amount of damages on the
contract claim pending proof.
its Motion, the Association has limited its claim for damages
resulting from the breach to two properties previously owned
by Friends: Lot 15 and Lot 18.
Association has submitted ledgers showing the costs of
abatement assessed to Friends for Lot 15 and Lot 18 (the
Friends was assessed $17, 822.50 for the Association's
work on Lot 15. Interest accrued on the unpaid invoice
to a total of $31, 577.14.
Friends was assessed $15, 905.00 for the Association's
work on Lot 18. Interest accrued on the unpaid invoice
to a total of $28, 194.18.
assessments for the Association's work include the cost
to the Association and the value provided to Friends for (a)
laborer time; (b) heavy machinery use and maintenance; (c)
screened fill dirt; and (d) legal fees for attempts to
resolve the nuisance before taking action to abate the
Association carried its initial burden to prove the amount of
its assessments. Friends has not presented evidence that the
amounts charged are inconsistent with the cost to the
Association charged interest at the rate of 18% annually on
the unpaid assessments. The interest rate was set by a
Resolution of the Association's Board of Directors in
2008, prior to the assessments against Friends.
Friends does not challenge the interest rate asserted by the
Association. Instead, Friends argues that no interest at all
can be imposed because the Association never gave Friends any
money. This argument overlooks that interest
can be, and often is, charged for unpaid obligations for
services rendered. Interest at 18% will be included in the
Friends is not prejudiced by the Association's failure to
include the Ledgers in discovery disclosures because Friends
was in possession of the documents. Friends received the
ledgers, as well as periodic invoices, on multiple occasions
in the course of the Association attempting to collect the
Association is awarded $59, 771.32 in damages against Friends
on the breach of contract claim, which includes $31, 577.14
for Lot 15 and $28, 194.18 for Lot 18.
Association prevailed on summary judgment on its claim for
indemnification of ...