Merritt

STATEMENT OF THE CASE

Appellants own a home in the Classics at Fair Oaks community in Sunnyvale. Respondents are the Classics at Fair Oaks Homeowners’ Association (Association), as well as Chetak Gandhi, Wayne Brown and Ying-Chi “Sherry” Lee, who are individual board members of the Association. In 2011, appellants, acting in pro per, filed a complaint against respondents in an effort to secure exclusive use of a public parking space adjacent to their home. The complaint alleged conspiracy, invasion of privacy, and discrimination based on disability. Over the two-year period of the underlying litigation, appellants filed numerous unmeritorious motions, pleadings and notices in the trial court. On May 11, 2011, appellants filed an unmeritorious, motion for sanctions On August 17, 2011, appellants filed a “Notice of Unavailability” stating that they were departing the United States on August 31, 2011 for several months and that David Merritt would not return until September 15, 2011 and then would be departing again on October 30, 2011. Salma Merritt would be out of the country until November 15, 2011. On October 5, 2011, appellants filed another “Notice of Unavailability” stating…