Mesquite Country Club Condominium Homeowners etc. v. Save Oswit Canyon CA4/1

INTRODUCTION

In August 2022, Respondent Mesquite Country Club Condominium Homeowners Association (the HOA) sued Appellant Save Oswit Canyon, Inc., which is doing business as the Oswit Land Trust, a non-profit corporation (Oswit). The complaint alleged causes of action for: (1) breach of the Declaration of Covenants, Conditions and Restrictions for Mesquite Country Club Condominiums recorded on June 14, 1984 (the CC&Rs) and the 1984 Lease Agreement between the HOA and the Mesquite Golf & Country Club (as amended by a 1988 settlement agreement and a 2004 judgment) (the

lease); (2) nuisance; (3) nuisance per se; and (4) declaratory relief.

Oswit filed a special motion to strike under Code of Civil Procedure2

section 425.16.3 The trial court denied the motion, and Oswit appealed. Oswit contends its protected statements and conduct are the gravamen of the HOA’s causes of action and that the HOA cannot meet its burden of showing a likelihood of success on the merits. We disagree and affirm the order.

The complaint also contained a cause of action for trespass, which the HOA subsequently dismissed, and two additional causes of action against another defendant, Ramin…