Brown v. Clay Hill Condo Homeowners Assn
Homeowners sued a condominium homeowners' association for mold contamination in their home allegedly caused by water leaks from common areas controlled by the association. The association moved to strike the action as a strategic lawsuit against public participation (SLAPP suit). (Code Civ. Proc., $ 425.16 [all section references are to this code except as noted].) The motion was prompted by the homeowners' allegations that the association promised to investigate and remediate mold after the homeowners were sued by a tenant for mold contamination, and while that litigation was ongoing. The association argued that those promises were protected acts in furtherance of its right of free speech because its promises to the homeowners were "made in connection with an issue under consideration or review by a . . . judicial body." ($ 425.16, subd. (e)(2).)
The trial court granted the motion to strike two of the homeowners' three causes of action. The court dismissed causes of action for negligence and breach of fiduciary duty, and left intact a breach of contract claim. The homeowners appeal the partial dismissal, and the association cross appeals to demand the dismissal of the remaining cause of action. Court conclude that the homeowners' causes of action are based on the association's alleged failure to remediate mold contamination and do not arise from the association's exercise of free speech rights. Court therefore reverse the order to the extent that it struck two of the homeowners' claims, and affirm the order in denying the motion to strike one of the claims.
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