Procel

Paradise Hills Associates v. Procel

Caution
1 Cal. Rptr. 2d 514·1991 Cal. App. LEXIS 1334·235 Cal. App. 3d 1528·91 Daily Journal DAR 14134·91 Cal. Daily Op. Serv. 9070
Court of Appeal of CaliforniaNovember 15, 1991E008024California5,198 words

Opinion

Opinion

Dabney, J.

—Brenda Procel (Procel) appeals from a preliminary injunction which restricts certain speech and activities. She contends that the injunction improperly interferes with her First Amendment rights.

Facts

Paradise Hills Associates (PHA) is the owner and developer of Paradise Hills Subdivision (Paradise Hills) in Colton. Paradise Hills consists of three phases. Phase 1 contains 39 single family houses, all of which have been sold; phases 2 and 3 are being built and sold and will eventually contain 70 houses. PHA maintains a sales office and model houses within Paradise Hills to solicit buyers for houses in phases 2 and 3.

In March 1989, Procel and her husband bought a house from PHA in Phase 1. Procel claims that the workmanship and materials in her house were inferior, and the house was not constructed and completed according to her contract with PHA. PHA denies Procel’s claims. However, through its contractor, D.E.H.H. Corp., PHA performed substantial reconstruction, repairs and upgrading on her house.

Procel posted various signs on her house to call attention to her dispute with PHA.* 234At various times, up to 20 other homeowners had posted similar signs on their…

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