Court Case, Nov. 3, 2025

The moost-recent step in the HOA's court case against Gus Philpott happened yesterday afternoon, November 3rd.

Two Motions were heard by Court of Common Pleas Judge Milton Kimpson.

The HOA's Motion to Compel me to produce responses to their lengthy demands was met with the judge's response that the HOA must limit some of their requests.

The second was my Motion to remove the Association as the named Plaintiff, because the case was illegally filed by Board President Danny Trapp in the name of the Association, but without the approval of the Board of Directors. 

I also complained about the false statement by Danny Trapp, in which he said that he was authorized to execute the "Verified Complaint". The Board never authorized him to do so.

Judge Kimpson asked me a good question - If he removed the Association as Plaintiff, who would be the Plaintiff?

There is no answer for that question. In court I said that the Association can't be the Plaintiff, because of the prohibition in the CC&Rs and the fact that the Board never approved filing the case. 

In my opinion, the judge's decision won't hinge on whether he can find a replacement Plaintiff. (There isn't one.)

First, am I right that the Association is not the Plaintiff? If so, the Association is out of the case. It never should have been in it. The Association is there because Danny Trapp wanted the case filed. 

The lawyers should have investigated whether Trapp really had the authority to direct them to file it in the name of the Association. 

Will the lawyers sue Danny Trapp?

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