Trilogy at Glen Ivy v. Shea Homes

Filed 3/4/15; pub. order 3/19/15 (see end of opn.)

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

TRILOGY AT GLEN IVY MAINTENANCE D066483

ASSOCIATION et al.,

Plaintiffs and Respondents, (Super. Ct. No. RIC10025131) v.

SHEA HOMES, INC., et al.,

Defendants and Appellants.

APPEAL from an order of the Superior Court of Riverside County, Michael C.

Perantoni, Judge. Affirmed.

Connor, Fletcher & Hedenkamp, Matthew J. Fletcher and Douglas A. Hedenkamp

for Defendants and Appellants.

Epsten, Grinnell & Howell, Rian W. Jones and William S. Budd for Plaintiffs and

Respondents.

Plaintiff Trilogy at Glenn 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

Procedure1 section 425.16, commonly referred to as…