SB Liberty v. Isla Verde Asso.

INTRODUCTION

In 2006 Gregg and Janet Short (together the Shorts, who are not parties to this

appeal but are interested persons) purchased a home in the Isla Verde residential

community (Isla Verde). They then transferred title to themselves as trustees of their

family trust and later transferred title to plaintiff SB Liberty, LLC (SB Liberty), a

California limited liability company organized in early 2011, which is owned by the

Shorts as trustees of their trust and is managed by Gregg Short, SB Liberty's sole

manager. The Shorts reside in the home. Defendant Isla Verde Association, Inc. (the

Association) is a California nonprofit mutual benefit corporation that is an association of

the Isla Verde homeowners. It is undisputed that SB Liberty is a member of the

Association.

This action against the Association for injunctive relief (among other things) arose

when the Association's board of directors (the Board) denied SB Liberty's retained

counsel, Peter D. Lepiscopo, access to the Board's September and October 2011

meetings. SB Liberty brought a motion for preliminary injunction seeking to enjoin the

Association and the Board from taking any action…