Doyle v. Forster Ranch Estates Comm. Assn.
Plaintiff appeals the trial courts order granting defendant Forster Ranch Estates Community Associations (Association) special motion to strike. (Code Civ. Proc., 425.16; all further statutory references are to this code.) Plaintiffs complaint for declaratory relief alleged the Association impliedly approved her home building plans by failing to review them within the time specified under the Associations governing documents. The trial court determined plaintiffs complaint arose out of petitioning activity under the anti-SLAPP statute because it was an attempt to circumvent a prior judgment against her father mandating removal of approximately 9,000 cubic yards of dirt for the property. Plaintiff contends the trial court erred by dismissing her case under the anti-SLAPP statute. She argues her complaint did not directly attack the prior judgment and therefore did not arise from it.
Court conclude the present lawsuit seeks to overturn the injunction granted to the Association in the prior lawsuit. Forcing the Association to relitigate the injunction and other issues previously resolved in the earlier cases burdens the Associations right to petition protected by the anti-SLAPP statute. We further conclude plaintiff cannot demonstrate a probability of prevailing on the merits because her plans do not comply with the injunction and the Association timely disapproved them by its blanket refusal to review or approve any plans before compliance with the injunction. Accordingly, Court affirm the trial courts order striking the complaint.
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