Tucker v. Heritage Custom Estates Assn. CA4/1
Heritage Custom Estates Association (Heritage) successfully obtained a writ of execution and levied on certain personal property of judgment debtor Kevin Tucker. Contending that the levy was an abuse of court process, Tucker sued Heritage, a homeowners' association for a development of single-family homes located in Poway; Sridhar Gopalakrishnan, a member of Heritage's board of directors; and Howard F. Burns, an attorney who represented Heritage in its postjudgment collection efforts.
Pursuant to California's anti SLAPP statute, Code of Civil Procedure section 425.16, the trial court granted special motions to strike a cross complaint in which Tucker alleged causes of action against Heritage, Gopalakrishnan, and Burns (together Cross defendants) based on the levy of the writ of execution.
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