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May 2016 WC Holdings Lawsuit Update  
   
Wave Crest Owners,
 
I am happy to report that, on May 20, the San Diego Superior Court heard two important motions concerning Wave Crest Holding, LLC’s lawsuit against WCA.  First, the court denied Wave Crest Holding, LLC’s motion for a preliminary injunction to enjoin the Association from recording the amended CCRs that you voted to approve on April 23rd 2016. I am happy to report the amended CCR's are now filed and in force. They are posted on our website here
 
Second, the court granted the motion of WCA and the director defendants to dismiss Wave Crest Holding, LLC’s entire complaint.  The court’s basis for both rulings was, among other things, that the (old) CCRs did not allow the property to be sold prior to 2033 and, therefore, Wave Crest Holding, LLC could not show a probability of prevailing on its lawsuit.  Based on the law under which the motion was decided, the lawsuit cannot be amended or re-filed.  This is an excellent result and I will keep you informed of any other items as they come up.
 
Stuart Rosenberg
President Wave Crest Owners Association
 
 
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