SLAPP Defined. Strategic Lawsuits Against Public Participation (SLAPP suits) are meritless lawsuits that punish parties who engage in protected activities, such as the right to petition or free speech. To protect the constitutional rights of defendants who are the victims of such lawsuits, the Legislature created a special motion to strike so that the action may be terminated at an early stage. (Code Civ. Proc. § 425.16.)
A party that files an anti-SLAPP motion to strike an unmeritorious lawsuit must show that the lawsuit arises from its protected activities. For example, any written or oral statement in a public forum concerning an issue of public interest is protected. A statement made by or on behalf of the governing body of a common interest development may constitute a public forum.
The anti-SLAPP motion does not apply to causes of action for breach of CC&Rs, declaratory relief, breach of fiduciary duty, negligence, and nuisance.
Successful Anti-SLAPP Motions
Anti-SLAPP motions have been used successfully in the following ways:
- Colyear v. Rolling Hills (2017) Complaint to the HOA about blocked views is protected speech.
- Lee v. Silviera (2016) Lawsuit against directors for their vote at a board meeting was dismissed.
- Cabrera v. Alam (2011). Statements made at an annual meeting are protected activity under the anti-SLAPP statute.
- Healy v. Tuscany Hills (2006) A lawsuit over a letter to the membership reporting litigation involving a member was dismissed.
- Ruiz v. Harbor View (2005) A claim against the association's attorney for writing a letter admonishing the owner was dismissed.
- Dowling v. Zimmerman (2001). A letter from a resident's attorney to the board regarding a nuisance caused by other owners was protected.
- Damon v. Ocean Hills (2000): A former manager's Defamation claim was dismissed because the published statements were of public interest.
Unsuccessful Anti-SLAPP Motions
- Silk v. Feldman (2012). If communications to the membership are defamatory on their face, an anti-SLAPP motion can be denied.
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with community association issues, subscribe to the Davis-Stirling Newsletter.