Cheveldave v. Tri Palms Unified Owners Assn.Annotate this Case
Tri Palms Unified Owners Association (the Association) was a group of homeowners in the Tri-Palms Estates. There was a recreation facility adjacent to the Tri-Palms Estates, and homeowners paid a fee for that recreation facility. In 2014, in bankruptcy proceedings, Kort & Scott Financial Group, LLC (K&S) was the successful bidder on the recreation facility. The Association entered into a settlement agreement with K&S. As a result of the Agreement, some members of the Association were required to pay an increased fee for the recreation facility. In 2016, Alex Cheveldave and Richard Davis, who were members of the Association, sued the Association, K&S, and Shenandoah Ventures, L.P., arguing that the Association did not have standing to enter into the Agreement. The Association filed an anti-SLAPP motion which the trial court granted. Cheveldave argued on appeal of that judgment the trial court erred by granting the anti-SLAPP motion. After review of the trial court record, the Court of Appeal determined Cheveldave established his case had "minimal merit," and the trial court erred by granting the anti-SLAPP motion.