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After Anti-SLAPP Motion, Cross-Complaint Against City Permitted To Stand, In Part.

March 30, 2013 by Leave a Comment

Anti-SLAPP Motion City brought an action against commercial property owners to abate public nuisances, prostitution and operation of medical marijuana dispensaries. The trial court granted the city preliminary injunctions.  Meanwhile, the property owners cross-complained against the city and several city employees for slander, trade libel and intentional interference with prospective economic advantage, centering around certain statements made to potential tenants and construction contractors. A portion of the city’s anti-SLAPP motion under Code of Civil Procedure section 425.16 was granted. On appeal, the appellate court concluded the trial court should have granted additional, but not all, aspects of the anti-SLAPP motion, so it affirmed in part and reversed in part, requiring the city to continue to litigate the cross-complaint in part. City of Costa Mesa v. D’Alessio Investments  (Cal. App. Fourth Dist., Div. 3; March 11, 2013) (Case No. G046397).

Filed Under: Anti-SLAPP Law News, Appellate Law News, Business Law News, Legal News, Public Entity Law News

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