Finley

Finley v. Superior Court

Good Law
80 Cal. App. 4th 1152·96 Cal. Rptr. 2d 128
Court of Appeal of CaliforniaJune 22, 2000E024743, E024843California3,862 words

Opinion

Opinion

Richli, J.

Several related homeowners associations used homeowner-paid assessments to make contributions to a political action committee to support a local Orange County ballot measure. Plaintiffs, who are members of the homeowners associations, challenge these contributions as ultra vires, illegal, and in violation of their constitutional rights to free speech and association.

Plaintiffs have filed both a writ petition and an appeal. In the writ proceeding, we issued an alternative writ and consolidated the proceeding with the appeal. In the appeal, plaintiffs contend they were entitled to the issuance of a preliminary injunction. In the writ petition, plaintiffs contend they were entitled to entry of summary judgment in their favor; alternatively, they contend the trial court erred by bifurcating the trial of defendants’ “special litigation committee” affirmative defense. We find no error. Thus, we will deny a writ and we will affirm.

I

Factual Background

United Laguna Hills Mutual (United), Third Laguna Hills Mutual (Third), and another association not a party to this action are the homeowners associations for different portions of Leisure World, a senior citizens community…

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