(PS) Kan v. Verdera Community Assoc.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHHNY KAN, Case No. 2:22-cv-00348-KJM-JDP (PS) Plaintiff, FINDINGS AND RECOMMENDATIONS v. THAT DEFENDANTS VERDERA

COMMUNITY ASSOCIATION AND

VERDERA COMMUNITY SHAMUS MCCLURE’S MOTION FOR ASSOCIATION, et al., SUMMARY JUDGMENT BE DENIED 15 Defendants. ECF No. 88

OBJECTIONS DUE WITHIN FOURTEEN

DAYS 18 Plaintiff filed this action against eight defendants—including Verdera Community Association (“Verdera”) and its president, defendant Shamus McClure—alleging claims related to a 2022 foreclosure of his home. Defendants Verdera and McClure (“defendants”) move for summary judgment on plaintiff’s claim for violation of the Davis-Stirling Common Interest Act (“Davis-Stirling Act” or “Act”), the sole claim remaining against them. ECF No. 88. I recommend that defendants’ motion be denied. Background Plaintiff’s first amended complaint…