January 25, 2006

Going off-line for awhile

We're going to take this blog off-line so we can try and figure out an easier way to track cases. Thanks for checking in.

Posted by joewest at 2:57 PM

December 22, 2005

Attorney's Letter to ARC Petitioner (also an attorney) Is Not Libel

Christopher P. Ruiz v. Harbor View Community Association (CA Superior Court No. 04CC07385) Full opinion PDF

Plaintiffs’ house was on one of over 523 lots in a development governed by HVCA, a nonprofit mutual benefit corporation. HVCA was formed in 1968 to provide “community services and recreational facilities for the general use, benefit and welfare of the owners . . . of residential lots situated within” that development. Among its purposes was “[t]o examine and approve plans and specifications for dwelling houses and other structures and improvements to be erected within . . . [the development] or the modification, and/or alteration thereon and/or additions thereto.” HVCA’s board of directors (the Board) is vested with the exercise of its corporate powers and with control over HVCA’s business and affairs.

Plaintiffs’ house was, as were the others in the Harbor View development, subject to a declaration of covenants, conditions and restrictions (CC&R’s) recorded on September 30, 1968 and thereafter amended several times. The CC&R’s established architectural controls over the development enforced by an architectural committee appointed by the Board. Under the CC&R’s, “[n]o building, fence, wall or other structure shall be commenced, erected or maintained . . . , nor shall any exterior addition to or change or alteration therein, including exterior colors, trim, windows, roofing, patio covers and antennas, be made until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Architectural Committee.”

Plaintiffs complaint alleges nine causes of action against HVCA and seeks, among other things, a declaration that the denial of their conceptual plans was “improper, unequitable [sic], unreasonable, arbitrary and in bad faith” and that HVCA is barred or estopped from enforcing the architectural guidelines. The sixth cause of action, brought only by Ruiz, seeks damages for libel and alleges the July 11 letter and the October 15 letter are libelous on their face. On September 2, 2004, HVCA filed its anti-SLAPP motion. Although directed particularly to the sixth cause of action, the motion moved to strike all “such causes of action pleaded against defendant arising out of acts by defendant in furtherance of its right of petition or free speech . . . in connection with a public issue.”

The trial court denied the anti-SLAPP motion on the ground HVCA “failed to meet its burden of making a prima facie showing that the two letters which form the basis for plaintiffs’ [sic] libel claim are covered by CCP[section] 425.16.” HVCA appealed.

On appeal, the Superior Court held that both letters were protected under the anti-SLAPP statute and the second letter was not defamatory.

Posted by joewest at 5:14 PM

August 11, 2005

AZ Supreme Court Upholds Death Sentence in HOA Shooting

The Arizona Supreme Court on Wednesday upheld a man's murder convictions and death sentence in a fatal shooting spree at a homeowners association meeting in Ventana Lakes.

The justices unanimously rejected a wide-ranging appeal that included an argument that Richard Glassel was unfairly denied leniency because jurors heard crime-impact testimony from victims' weeping relatives.

In April 2000, Glassel stormed into a homeowners meeting at the Ventana Lakes clubhouse in Peoria and began shooting. Two people were killed and three were wounded before several bystanders overpowered him.
[Full Opinion]

Posted by joewest at 10:38 AM