Silk
Silk v. Feldman
Opinion
Lead Opinion
Gilbert, J.
Not all speech is free. Here, speech can be costly.
This is an appeal from the denial of a special motion to dismiss a complaint for libel and defamation. The motion was brought pursuant to Code *550 of Civil Procedure section 425.16, the strategic lawsuit against public participation (anti-SLAPP) statute. 1 We affirm.
FACTS
The Malibu Bay Club is a 136-unit residential beachfront development in Ventura County. The development consists of 36 townhomes and 100 condominiums. All owners are members of a corporation homeowners association, the Malibu Bay Club (the Club). Some residents are also members of a separate homeowners association, the Malibu Bay Owners Association (MBOA).
Sherrill M. Silk and Phillip Feldman are owners and residents. Silk was on the Club’s board of directors from 1996 until 2000. Feldman has been a director since 2009.
In 1998, Montgomery Knox, the son of the Club’s developer, brought a quiet title action against the Club, its individual members and the MBOA, to establish his ownership of 36 parking spaces on the Club’s premises. In 1999, the trial court ruled Knox owned the parking spaces along with the right to use a portion of the Club’s…