Chemers v. Quail Hill Community Assn. CA4/3
In this dispute involving feuding members of a homeowners association, plaintiff Evan Chemers appeals from the judgment entered after the trial court granted defendants Quail Hill Community Association (Quail Hill), Neema Aghamohammadi, Albert Ng, Himansha Surti, Bob Dougherty, and Joe Craciun’s (collectively, the moving defendants) anti-SLAPP motion as to six of Chemers’s eight causes of action. As to the claims alleged against Quail Hill and Craciun for breach of contract, violation of Civil Code section 5850 et seq., and for two counts of declaratory relief, based on the analytical framework set out by the California Supreme Court in Park v. Board of Trustees of California State University (2017) 2 Cal.5th 1057 (Park), we conclude the trial court erred by granting the anti-SLAPP motion. None of those four causes of action arose out of protected activity—whether speech or petitioning activity—within the meaning of Code of Civil Procedure section 425.16.
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