Costa Del Sol at Carmel Valley HOA v. Mitchell
The Costa Del Sol at Carmel Valley Homeowners Association (Association) brought an action against homeowners Scott and Mary Mitchell, alleging their dogs created a dangerous situation in and near the residential development. The Association asserted claims for breach of equitable servitude, public and private nuisance, and violation of a statute providing remedies when a dog has bitten a human being (Civ. Code, § 3342.5). The Mitchells filed a cross-complaint, but the court dismissed this pleading after granting the Association's anti-SLAPP motion. (Code Civ. Proc., § 425.16.) The Mitchells did not appeal from the anti-SLAPP order.
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