Hupp

*1303 I

INTRODUCTION

Plaintiff Aristea Hupp (Aristea) appeals judgment entered after the trial court granted defendants Solera Oak Valley Greens Association and City of Beaumont Animal Control Officer Jack Huntsman's 1 ex parte application to dismiss Aristea's first amended complaint (FAC) under the vexatious litigant provision, Code of Civil Procedure section 391.7. 2 Aristea contends the trial court's order granting Solera's ex parte application to dismiss deprived her of her due process rights to notice and an opportunity to be heard. Aristea also argues Solera waived its vexatious litigant defense by not raising it in its first *1304 responsive pleading. In addition, Aristea argues that under the Davis-Stirling Common Interest Development Act (Davis-Stirling Act), 3 she is authorized to seek recovery of damages sustained by her son, Paul Hupp (Paul), 4 from violations of Solera's Covenants, *86 Conditions and Restrictions (CC&Rs).

Before oral argument, this court requested the parties to provide supplemental briefing addressing the issue of whether the vexatious litigant statutes, particularly section 391.7, can be applied to a complaint brought by a party who has not been…