Shahbazian v. City of Ranch Palos Verdes, No. B271562 (D2d7 Nov. 22, 2017)
Some grumpy Palos Verdeans in a fence dispute with their neighbors sued a City for issuing an “over-the-counter after-the-fact permit” that approved the new fence. The City filed an anti-SLAPP motion, which the trial court denied on the basis that issuing a permit is not protected activity under Code of Civil Procedure § 425.16(b)(1). The City appealed.
It’s pretty much all Park from here. There, the Supreme Court explained that while governments do and can speak and petition, normal official acts of government are not speech or petitioning, even though they are often arrived at by speaking beforehand and conveyed though some communicative act. Like issuing a permit. So there’s no protected activity.
Affirmed.
Monday, January 8, 2018
Subscribe to:
Post Comments (Atom)
Trashing your Neighbors Is Not Speech in the Public Interest
Dubac v. Itkoff , No. B317061 (D2d8 Apr. 19, 2024) This is an ugly beef between n eighbors who dislike each other. A lot. Over a several mon...
-
Pollock v. Superior Court , No. B321229 (D2d1 Jul. 31, 2023) Back in 2019, the Legislature amended Code of Civil Procedure § 2031.280 to inc...
-
RSB Vineyards, LLC v. Orsi , No. A143781 (D1d3 Sept. 29, 2017) In this real estate warranty case, the court affirms a summary judgment in ...
No comments:
Post a Comment