Robert J. Kulick v. Leisure Village Association, Inc.

Good Law
United States District Court, Central District of CaliforniaAugust 7, 20202:20-cv-06079California591 words

Opinion

Trial Court Opinion

facts showing that Defendants satisfy any of the tests under which a private citizen may be deemed a state actor, i.e., that they were exercising a traditionally and exclusively governmental function; that the State incurred any benefit from Defendants’ actions; that Defendants were not acting independently but under coercion of the State; or that they had

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. CV 20-6079 DSF (PVC) Date: August 5, 2020 Page 3 of 4 Title: Robert J. Kulick v. Leisure Village Association, Inc., et al.

any official connection with the State such that Defendants’ actions may be fairly attributable to the State. The Ninth Circuit has held that “[a] private homeowners’ association is not the equivalent of a municipality or a purported ‘quasi-government’ entity.” See Snowdon v. Preferred RV Resort Owners Ass’n, 379 Fed. App’x 636, 637 (9th Cir. 2010) (Nevada homeowners’ association is not a state actor; association did not perform the traditional and exclusive function of municipal governance; rather it provided “an assortment of basic amenities and simple services to its paying members, all…

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