Trilogy at Glen Ivy Maintenance Assn. v. Shea Homes CA4/1

Plaintiff Trilogy at Glen Ivy Maintenance Association (Association) and various homeowners (together plaintiffs) filed this action against defendant Shea Homes, Inc., and others (together Shea) alleging, essentially, that Shea improperly diverted revenues from a contract that should have been paid to Association. After Shea sought and obtained judgment on the pleadings, plaintiffs filed an amended complaint, and Shea responded by moving to dismiss the amended complaint pursuant to Code of Civil Procedure section 425.16, commonly referred to as the anti-SLAPP (strategic lawsuit against public participation) statute. (Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 57 [ 124 Cal.Rptr.2d 507 , 52 P.3d 685 ] (Equilon).) The trial court denied the motion and this appeal by Shea followed.

I

FACTUAL AND PROCEDURAL BACKGROUND

A. Relevant Facts

Shea developed and built a master planned community (the Trilogy Project) in Corona, California. Association is the homeowners association that maintains, manages and governs the Trilogy Project.

In August 2001, when Shea was still the sole owner of the land (the Property) on which the Trilogy Project was ultimately…