On January 26, 2016, Cheveldave and Davis filed a lawsuit against TPUOA, Kort & Scott (“K&S”) (the present owners of the Recreational Facilities) and Shenandoah Ventures. In the lawsuit Cheveldave and Davis seek a declaration by the Court that TPUOA did not have the authority to enter into the settlement agreement on behalf of owners of lots within the 10 tracts because TPUOA is not a common interest development. He also seeks a refund from K&S for all of the increased fees he has paid under the terms of the settlement agreement.
On February 26, 2016, TPUOA filed a Special Motion to Strike the complaint called an Anti-SLAPP Motion.
On April 28, 2016, the Court granted the motion and dismissed the complaint.
On May 31, 2016, Cheveldave and Davis filed a motion for reconsideration of the Court’s ruling dismissing the complaint.
On July 27, 2016, the Court denied Cheveldave and Davis’ motion for reconsideration.
On July 15, 2016, Cheveldave and Davis appealed the order of the Court granting the Anti-SLAPP Motion.
On August 19, 2016, the Court entered judgment against Cheveldave and Davis, dismissing the complaint and awarding TPUOA $41,975.77 in attorney’s fees and costs.
On September 23, 2016, the Court ordered Cheveldave to post an appeal bond in the amount of $50,000.00, no later than September 30, 2016. Cheveldave never posted the appeal bond and TPUOA was then free to enforce its judgment against him.
On March 30, 2018, TPUOA enforced its money judgment against Cheveldave by foreclosing on Cheveldave’s interest in 32222 Cody Avenue, Thousand Palms, California. TPUOA made a credit bid on the property and is now the owner of Cheveldave’s interest in the property.
On April 12, 2018, Davis dismissed his appeal. By dismissing his appeal, Davis is bound by the judgment entered against him in the trial Court.
On April 13, 2018, the Court of Appeal remitted Davis’ case back to the trial Court for further proceedings.
On July 2, 2018, the Court of Appeal issued a tentative decision on the appeal. The tentative decision reverses the trial Court’s ruling granting the Anti-SLAPP Motion and entering judgment against Cheveldave.
On September 4, 2018, the Court of Appeal heard oral argument from the attorneys representing TPUOA and Cheveldave.
On October 3, 2018, the Court of Appeal issued its final opinion. The Court of Appeal reversed the judgment against Cheveldave, the order granting the Anti-SLAPP Motion and the order awarding attorney’s fees against Cheveldave only.