Cheveldave

Cheveldave v. Tri Palms Unified Owners Ass'n

Good Law
238 Cal. Rptr. 3d 792·27 Cal. App. 5th 1202
Court of Appeal of CaliforniaOctober 3, 2018E066461California6,671 words

Opinion

Lead Opinion

MILLER J.

Tri Palms Unified Owners Association (the Association) is a group of homeowners in the Tri-Palms Estates. 1 There is a recreation facility adjacent to the Tri-Palms Estates, and homeowners pay a fee for that recreation facility. In 2014, in bankruptcy proceedings, Kort & Scott Financial Group, LLC (K & S) was the successful bidder on the recreation facility. The Association entered into a settlement agreement (the Agreement) with K & S. As a result of the Agreement, some members of the Association were required to pay an increased fee for the recreation facility.

In 2016, Alex Cheveldave and Richard N. Davis, who were members of the Association, sued the Association, K & S, and Shenandoah Ventures, L.P., arguing that the Association did not have standing to enter into the Agreement. The Association filed an anti-SLAPP motion ( Code Civ. Proc., 2 § 425.16), which the trial court granted. Cheveldave contends the trial court erred by granting the anti-SLAPP motion. We reverse the judgment.

FACTUAL AND PROCEDURAL HISTORY

A. PROPERTY

Tri-Palms Estates was a real estate development consisting of 10 separate housing tracts. Each housing tract had its own set of covenants,…

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