Damon v. Ocean Hills Journalism Club
San Diego · CA · California Court of Appeal, Fourth District, Division One
Member win · speech-flags
What happened
After Ocean Hills became self-managed, residents used the Village Voice newsletter and open board meetings to urge replacing general manager Dennis Damon with professional management. Damon sued the Ocean Hills Journalism Club, letter writers, and two directors for defamation. Defendants brought an anti-SLAPP motion under Code of Civil Procedure § 425.16. The San Diego County Superior Court granted the motion. The Court of Appeal affirmed: homeowner criticism of association management in a community newsletter and at open board meetings is protected petition/speech; board meetings of a large common-interest community are public forums; a widely circulated resident newsletter is a public forum even if one-sided; governance of a 1,633-home senior community is an issue of public interest; Damon did not show a probability of prevailing.
What the court (or agency) held
Homeowner criticism of association management in a community newsletter and at open board meetings is protected petition/speech under California's anti-SLAPP statute. Board meetings of a large common-interest community are public forums analogous to municipal meetings, and a widely circulated resident newsletter is a public forum even if it is one-sided. Governance of a 1,633-home senior community is an issue of public interest. The manager's defamation suit was properly stricken; he did not show a probability of prevailing.
Why this matters for members
Anti-SLAPP can quickly defeat defamation suits aimed at HOA governance criticism in newsletters and open meetings of large communities, treating those venues as public forums on public-interest issues.
What the member did
Published governance criticism in a member newsletter and spoke at open board meetings; invoked Code of Civil Procedure section 425.16 promptly when sued.
Questions for the board
- How do we respond to critical member speech at open meetings without chilling participation?
- What policies cover member newsletters discussing association governance?
- Do we evaluate litigation risk under anti-SLAPP before suing over criticism?
Questions for a lawyer
- Does § 425.16 apply to this governance-related speech?
- Are board meetings and the newsletter public forums on these facts?
- What showing is needed (or lacking) on probability of prevailing?
Citation
Damon v. Ocean Hills Journalism Club, 85 Cal. App. 4th 468; 102 Cal. Rptr. 2d 205; D034890 (2000) (2000-12-13). California Court of Appeal, Fourth District, Division One. Outcome chip: speech / anti-SLAPP hub / secondary. Source: https://law.justia.com/cases/california/court-of-appeal/4th/85/468.html
_General information, not legal advice. Outcomes turn on facts and current law._
General information, not legal advice. Outcomes turn on facts and current law.