Colyear v. Rolling Hills Community Assn. of Rancho
This is the second appeal arising out of a dispute involving a homeowner, plaintiff and appellant Richard Colyear, and his homeowners association, defendant and respondent Rolling Hills Community Association of Rancho Palos Verdes (HOA). After Colyear’s neighbor, Yu Ping Liu, attempted to invoke the HOA’s dispute resolution process to force another neighbor to trim trees, Colyear sued, alleging that two of the offending trees were actually on his property. He further asserted that the relevant tree-trimming covenant did not encumber his property and therefore that Liu and the HOA were wrongfully clouding his title by seeking to apply such an encumbrance. We previously affirmed the trial court’s dismissal of Colyear’s claims against Liu pursuant to Code of Civil Procedure section 425.16, the anti-SLAPP statute.
The trial court also sustained demurrers filed by the HOA, its board, and the individual board members (collectively, respondents), twice granting leave to amend.
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