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Asher v. Peters & Freedman CA4/2
Plaintiffs and respondents, homeowners in a residential desert community, challenge an amendment to their homeowners association covenants, conditions and restrictions (CC&Rs) that added a $250 monthly assessment to cover the costs associated with the members-only golf and tennis club located within the community. Plaintiffs sued several defendants, including appellants Peters & Freedman LLP, and David M. Peters (Peters Defendants), lawyers for the homeowners association. The Peters Defendants filed a special motion to strike the action as a strategic lawsuit against public participation (anti-SLAPP motion ) pursuant to Code of Civil Procedure section 425.16. The trial court denied the anti-SLAPP motion on the grounds that plaintiffs’ causes of action did not arise out of protected activity. We affirm.

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