In California, a Strategic Lawsuit Against Public Participation (SLAPP) is a lawsuit filed against a defendant as a way of punishing them for engaging in protected activities. When such lawsuits are filed, the defendant can file an “anti-SLAPP” motion to dismiss the plaintiff’s suit. To win such a motion, the defendant must show that the plaintiff’s lawsuit arises from their protected activities. Once the defendant has made such a showing, the plaintiff can defeat the motion by showing that the lawsuit has merit. A recent case, Third Laguna Hills Mutual v. Joslin, illustrates this process.

In this case, a homeowners’ association, Third Laguna Hills Mutual, sued one of its members, Jeff Joslin, for violating the association’s governing documents. Joslin had rented out his property to unqualified tenants who caused nuisance violations. Joslin responded by filing a cross-complaint against the association, alleging various tort theories. The association claimed that Joslin’s cross-complaint was a SLAPP suit and filed an anti-SLAPP motion.

The association argued that Joslin’s cross-complaint was in response to the association’s protected activities and communications, such as pre-litigation threats and the filing of the association’s lawsuit. The association also argued that the enforcement of the association’s governing documents is a public issue and falls under the anti-SLAPP statute. However, the court sided with Joslin, denying the association’s anti-SLAPP motion.

The court reasoned that the tort claims alleged in Joslin’s cross-complaint arose from the association’s decisions and actions, not from the association’s filing of the complaint. The court also found that the enforcement of the association’s governing documents is not a public issue or an issue of public interest under the anti-SLAPP statute. As a result, Joslin prevailed and was awarded his costs on appeal.

This case underscores the importance of homeowners’ associations (HOAs) conducting a diligent and comprehensive assessment, not only of the viability of a lawsuit before filing it, but also of all procedural steps taken during the course of the lawsuit.