Darnell & Scrivner v. Meadows Del Mar Homeowners Assn.
Appellant Meadows Del Mar Homeowners Association (Association) appeals from an order denying its special motion to strike the cross-complaint of respondent Darnell & Scrivner Architecture, Inc. brought under Code of Civil Procedure section 425.16, the "anti-SLAPP statute."[1] Respondent, an architectural firm, was sued by its client for breach of contract and negligence in part for allegedly failing to adhere to Association covenants, conditions and restrictions (CC&Rs) and architectural design guidelines. It thereafter cross-complained against Association, alleging it suffered damages in the form of additional re-design costs, potential business and lost profits due to Association's negligence in revoking approval of respondent's architectural plans, issuing a stop work order, and asking the City of San Diego to reexamine the plans. Court conclude Association has not shown the acts underlying respondent's cross-complaint involve protected petitioning activity within the meaning of section 425.16. Accordingly, Court affirm the order.
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