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Are HOAs Required To Accept Partial Payments On Delinquent Assessment Liens?

The Davis-Stirling Act governs HOA initiated judicial foreclosures against homeowners relative to outstanding lien assessments. In 2011, the Huntington Continental Town House Association recorded a delinquent lien assessment against one of its homeowners followed by the filing of a judicial foreclosure action.

The HOA and the homeowner subsequently agreed to a payment plan, but the homeowner failed to remit all payments when due and the plan was cancelled. The homeowner then attempted to remit three partial payments to the HOA, which were all returned by the HOA to the homeowner. Read More

AARON J. AGUIRRE

AARON J. AGUIRRE is a Senior Associate of the Firm in its Sherman Oaks, California, office.

Practice Areas

Civil Litigation
Insurance Defense
Premises Liability

Education

J.D., San Joaquin College of Law, 2009
B.A., California State University, Fresno, 2004

Bar Admissions

State Bar of California Read More

Coverage/Bad Faith Litigation Associates

Tharpe & Howell is expanding its team of attorneys in our Sherman Oaks office! The firm is seeking attorneys with 3-10 years of coverage experience to sit within Tharpe & Howell’s Civil Litigation group, assisting our high-profile clients throughout California.

Responsibilities:

Analyzing coverage issues, researching coverage questions and writing coverage opinions for commercial, personal and specialty lines insurers.
Writing reservations of rights and coverage disclaimer letters.
Prosecuting and defending insurance declaratory relief actions.
Defending insurance bad faith actions.

Employment Litigation Associates

Tharpe & Howell is expanding its team of attorneys in our Sherman Oaks office! The firm is seeking attorneys with 1-10 years of employment experience to sit within Tharpe & Howell’s Employment Litigation group, assisting our high-profile clients throughout California.

Responsibilities:

Represent management in matters related to employment litigation, including claims of discrimination, sexual harassment, retaliation, wrongful termination, and wage and hour violations.
Advise clients on employment contracts and other legal matters.
Represent clients in court, mediations, and arbitrations.

Civil Litigation Associates

Tharpe & Howell is seeking attorneys with 1-10 years of litigation experience for its growing Sherman Oaks office. These attorneys will sit within Tharpe & Howell’s Civil Litigation group, assisting with litigation matters throughout California.

Responsibilities:

Conducting discovery, including issuing subpoenas, conducting interviews, and reviewing documents.
Negotiating with opposing counsel to reach settlement agreements.
Drafting pleadings and other legal documents, such as motions and discovery requests.
Preparing witnesses for court appearances by coaching them on what to say and how to behave during testimony.