Talega Maintenance Corp. v. Standard Pacific Corp.
225 Cal. App. 4th 722
| Cal. Ct. App. | 2014Background
- HOA Talega Maintenance Corporation sued developers Standard Pacific Corporation and Talega Associates for construction defects to trails damaged in 2005 and 2010; Developer Board Members, who were HOA directors, allegedly concealed that the Developers were responsible for repairs and caused HOA funds to be spent; independent board later learned Developers were bound to repair, and damages were due to construction defects; four causes of action include breach of fiduciary duty, fraud, constructive fraud, and negligence; anti-SLAPP motions were filed targeting those claims but were denied by the trial court and appealed; the court affirms denial, limiting anti-SLAPP application to fraud review only if applicable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether non-fraud claims fall under anti-SLAPP | HOA argues all claims arise from protected activity. | Defendants contend all claims stem from protected board actions. | Non-fraud claims not subject to anti-SLAPP (e/f(4) not enough to reach). |
| Whether the fraud claim is subject to anti-SLAPP | Fraud allegedly based on statements at a HOA board meeting. | Statements at meetings should be protected as speech under 425.16. | Fraud not subject; no ongoing public issue; not arising from protected official proceeding. |
| Whether HOA board meetings constitute official proceedings under 425.16(e)(1) | HOA meetings are official proceedings due to quasi-governmental nature and regulations. | HOA meetings are nongovernmental, not official proceedings. | HOA board meetings are not official proceedings for anti-SLAPP purposes. |
| Whether subsections (e)(2) or (e)(3) apply to the fraud statement | Statements related to issues reviewed by government entities fall under (e)(2) or (e)(3). | No governmental body reviewed the specific pay-for-repairs issue; not public issue. | Neither (e)(2) nor (e)(3) applied; no public issue or governmental review established. |
Key Cases Cited
- Kibler v. Northern Inyo County Local Hospital Dist., 39 Cal.4th 192 (Cal. 2006) (official proceedings analysis for anti-SLAPP)
- Fontani v. Wells Fargo Investments, LLC, 129 Cal.App.4th 719 (Cal. App. 2005) (official proceedings; administrative regulation context)
- Garretson v. Post, 156 Cal.App.4th 1508 (Cal. App. 2007) (nonjudicial foreclosure not an official proceeding)
- Donovan v. Dan Murphy Foundation, 204 Cal.App.4th 1500 (Cal. App. 2012) (board voting not per se protected activity)
- Silk v. Feldman, 208 Cal.App.4th 547 (Cal. App. 2012) (HOA-like proceedings; public forum context)
- Damon v. Ocean Hills Journalism Club, 85 Cal.App.4th 468 (Cal. App. 2000) (public issues in HOA forum; ongoing controversy)
- Cabrera v. Alam, 197 Cal.App.4th 1077 (Cal. App. 2011) (public interest in HOA speech context)
- World Financial Group, Inc. v. HBW Ins. & Financial Services, Inc., 172 Cal.App.4th 1561 (Cal. App. 2009) (public interest; synecdoche theory caution)