Ivie

Plaintiff and appellant, Country Side Villas Homeowners Association (Country Side) appeals the trial court’s order granting defendant and respondent Susan Ivie’s special motion to strike pursuant to Code of Civil Procedure section 425.16. 1 On appeal, Country Side asserts the trial court erred in granting the motion, because it was not brought within 60 days of the filing of the complaint, as required by section 425.16, subdivision (f). In addition, Country Side asserts the motion should not have been granted because Ms. Ivie cannot establish that the causes of action arise from protected activity, and Country Side can show a probability of success on the merits.

Statement of the Facts and Case

Appellant Country Side is a homeowners association of the Country Side Villas, and is governed by a five-person board of directors. Respondent Ms. Ivie is a homeowner in the Country Side Villas, making her a member of the homeowners association.

This case arises over a dispute between appellant Country Side, a homeowners association, and some of its members, including respondent Ms. Ivie. *1113 At issue between the parties is the question of whether individual homeowners, rather…