Anaheim Hills Planned Com. Assn. v. Chen CA4/3

FACTS

A. Presettlement Litigation: The Association filed a lawsuit against the Chens for nuisance, breach of contract (CC&R’s), injunctive relief and declaratory relief. The Association alleged, inter alia, that the Chens had failed to comply with various provisions of the CC&R’s affecting their residential real property. They alleged, for example, that the Chens had built various outbuildings on their property without Association approval, some of which were either abandoned or only partially constructed, that the Chens had used unapproved fencing materials including barbed wire, that they had left their swimming pool either empty or partially filled with stagnant water, that they had stored on the property unsightly debris, trash, and construction materials including barbed wire, and that they had discharged waste water into a natural stream emanating from a spring. With trial set for June 20, 2011, the Association, on May 5, 2011, filed an ex parte application for an order compelling the Chens to permit a site inspection of their property. The Association represented that the Chens had said they would remedy claimed violations if provided with a list of them, but that they…