Brown

Cross-complainant Sabina C. Brown cross-complained against her homeowners association, Lake Forest Keys (LFK), and its property management company, Professional Community Management, Inc. (PCM). She alleged under various legal theories that she, and the class she purported to represent, had been charged assessments or fees exceeding the amount necessary to defray the costs for which the assessments or fees had been levied. In her “Corrected Third Amended Cross-Complaint” (cross-complaint), Brown claimed the alleged conduct of both LFK and PCM violated Civil Code section 1366.1 and gave rise to remedies against both cross-defendants for negligence, a violation of section 52.1 and of article I of the California Constitution, civil conspiracy, and a violation of section 1750 et seq., the Consumers Legal Remedies Act.

The court sustained PCM’s demurrer to Brown’s cross-complaint without leave to amend, and entered a judgment of dismissal on the cross-complaint as to PCM. Brown contends the court erred by concluding PCM owed no duty to Brown under section 1366.1. She also contends the litigation privilege, section 47, subdivision (b)(2), does not apply to the alleged conduct.…