California Court of Appeal
Colyear v. Rolling Hills Community Assn. of Rancho Palos Verdes, 270396
In a property dispute involving the trimming of trees, the trial court's grant of defendant's special motion to strike under Code of Civil Procedure section 425.16, the anti-SLAPP statute, is affirmed where: 1) plaintiff's complaint arises from defendant's statements made in connection with an issue of public interest, and therefore defendant's statements are protected under section 425.16(e)(4); and 2) plaintiff cannot show a probability of success on the merits of his claims against defendant, particularly because defendant dismissed his tree-trimming application to trim shortly after the lawsuit was filed and has never sought to invoke the HOA's tree-trimming process against plaintiff.
Appellate Information
- Published 2017/03/01
Judges
- COLLINS
Court
- California Court of Appeal