Cheveldave Lawsuit

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.

Legal

The California Supreme Court has denied our petition for review in this case. That means the ruling by the 4th District Court of Appeal is final. TPUOA is not a common interest development and is not subject to the Davis-Stirling Act. That does not change the nature of the Master Declaration which is a valid contract between the owners, the Association and the owner of the Recreational Facilities. The case will now go back to the trial court, for now. January 2019

Legal Responsibilities of TPUOA

Tri Palm Unified Owners Association (TPUOA) has several legal responsibilities which include the following:

  1. Ensure the operation of the Association complies with current statutory law, such as Davis-Stirling, and other governing documents;
  2. Ensure that the Association bylaws are current and compatible with state laws;
  3. File appropriate legal action for homeowner violations;
  4. Protect the rights and interest of the membership through lawsuits if necessary (an example is the document below entitled: “TPUOA vs The Club at Shenandoah Springs” (TCSS)) please read);
  5. Defend the Association and membership from adverse lawsuits (see documents below under Cheveldave et al vs TPUOA).

Read Happenings Special Legal Edition April 6, 2018


The Appeal

Tri Palm Petition for Review-Nov 2018

Petition for Rehearing  October 18, 2018

Attorney Rian Jones, of Epsten Grinnell & Howell, APC, has written a Memo to clarify the Appeal status (October 10, 2018):
Memo to Members re Litigation

Appellant Brief
Respondent’s Brief
Court Opinion

Settlement Agreement May 2014


Cheveldave, et al Lawsuit

Update Link-June 27, 2019 

 

March 2018 Update

TPUOA motions were scheduled to be heard September 21 in the case of Alex Cheveldave, et al v. Tri Palm Unified Owners Association. The Judge issued tentative rulings on September 20 granting both TPUOA motions. The plaintiffs elected not to contest the tentative rulings so they become final. The rulings require plaintiffs to post a bond, or undertaking, prior to appeal and voids the transfer of property title by plaintiff Davis.

This is the Sheriff’s Sale preliminary document.
Notice to Members-New Insurance Increase-May 2017-pdf

The following is the court order prohibiting sale of assets. Court Order of 9-21-2016
The following is the complete text of the rulings. Lawsuit-Update-9-20-2016

TPUOA Motions Filed August 19 Against Appeal Action

First motion is for the Plaintiffs to post a bond for the already acquired legal costs they have accumulated from their lawsuit. Click here to read the full motion (2996225 & 2996230).

Second motion: Fraudulent action of transferring assets to avoid Defendants legal recovery. Click here to read the full motion (2996268 & 2996270).

Judge Signs Judgment of Dismissal in Favor of Defendant TPUOA

On August 19, Judge Hopp signed the amended award of legal costs in the amount of $41,975.77 in the case of Chevaldave et al vs TPUOA.

Click here to read the full judgment ruling.

Judge Denies Motion for Reconsideration

On July 27, 2016, Judge Harold W. Hopp denied the plaintiffs Alex Cheveldave and Richard N. Davis a motion for reconsideration. In a separate order the Judge granted additional attorney’s fees in the amount of $6,750.

Click here to read the Minute Order on Motion for Reconsideration.

Judge Awards TPUOA Attorney Fees and Court Costs

In a hearing May 26, 2016, Judge James Latting confirmed his tentative ruling to award TPUOA attorney fees and court costs in the amount of $35,225 in the case of Cheveldave et al vs Tri Palm Unified Owners Association which was found in the defendant’s favor following a March 29 hearing.

On a separate motion by TPUOA, Judge Latting denied the request to require Mr. Cheveldave to post a bond equal to the awarded amount. TPUOA sought the bond to secure payment of the awarded sum since Mr. Cheveldave lives in Canada.

Click here to read  TPUOA Granted Motion to Strike & Judgement 5-26-16

COURT CASE #PSC1600368

Notice of Motion and Motion of Tri-Palm to Strike Complaint

Memo of Ps & As ISO Motion and Motion of Tri-Palm to Strike Complaint

Request for Judicial Notice re Motion to Strike Plaintiffs Complaint

LEGAL UPDATE

Read the Happenings Special Edition containing our LEGAL UPDATE of March 2016.

Disclosure Letter Regarding Lawsuit

With a pending lawsuit, all prospective buyers must be provided with this Litigation Disclosure Letter.


TPUOA vs The Club at Shenandoah Springs–2014

This document describes the resolution of the legal disputes and overview of the terms of sale of the recreational facilities. Document. A copy of the Settlement Agreement can be requested at the TPUOA Office.