Trial Delayed - Your Costs Continue to Rise

On November 11, 2025 I received, by email from the HOA's lawyer, a Notice of a Proposed Hearing to set a trial date for the week of December 1-5 and a Proposed Order of Continuance.

I expected a Notice of Hearing on the Continuance and began preparing my thoughts about arguing against the Continuance. 

Too late!

Today (November 14) I found the judge's Order of a 60-day continuance already entered in the Court record. This is the second continuance sought and obtained by the HOA's lawyer. Why aren't they ready for trial???

The lawyers filed the suit against me on December 30, 2024, alleging "false accusations and continual harassment". Don't they have sufficient evidence to make the allegations stick? (Hint: they don't.)

Apparently, they expect to obtain information from me that will help them in their case against me.

That is not going to happen.

I may have to go to the hanging, but I am not furnishing the rope!

The 60-day continuance may work to my advance. 

It gives me more time to work on my defense, although I was ready for a September trial and I'm ready now.

It gives me time to plan a countersuit. If I sue the Board of Directors, the legal fees of the HOA as Plaintiff in its lawsuit against me will seem like chump-change when compared to the legal fees the Directors will have to pay to defend themselves.

The insurance companies (liability and D&O) should decline coverage, because the lawsuit was filed in violation of the CC&Rs. The HOA should refuse to pay defense fees of the directors, who weren't even legitimately elected or appointed. Directors should be on the hook personally for legal fees.

And a delay gives time for a new Board of Directors to realize the weak, indefensible, and expensive position in which the HOA finds itself in the lawsuit against me. At the Board's November 18th meeting, after officers are elected, there should be a motion to dismiss the case against me and a Resolution authorizing the new President of the Board to direct the lawyers to settle and dismiss the case.

And if the Board doesn't do that, the Voting Members might begin removing and replacing directors until the Board does dismiss the case. They'll do that on behalf of the Members (not on my behalf).

Remember, the Board of Directors never approved filing the lawsuit against Gus Philpott (me). It never authorized Danny Trapp to file it. 

For the time-being, the Association's name is still listed as Plaintiff. Judge Kimpson's decision on my Motion to Remove The Summit Community Association, Inc. as Plaintiff is still being decided.

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