Renewable Resources Coalition, Inc. v. Pebble Mines Corp.

Plaintiff Renewable Resources Coalition, Inc. (Coalition), appeals an order granting a special motion to strike (Code Civ. Proc., §425.16) brought by defendants Pebble Mines Corporation (Pebble Inc.), Pebble Limited Partnership (Pebble LP), and their attorneys, Jermain, Dunnagan & Owens, P.C. (Jermain) (collectively, the Pebble defendants).

The Pebble defendants cross-appeal, contending the trial court abused its discretion in awarding them merely $30,000 in attorney fees after they prevailed on their special motion to strike.

By way of background, the Pebble defendants obtained the Coalition’s documents from the Coalition’s former fundraiser and used those documents to prosecute a complaint against the Coalition before the Alaska Public Offices Commission (APOC) for alleged election law violations. In this action, the Coalition sued the Pebble defendants, alleging they knowingly purchased the Coalition’s confidential documents from the former fundraiser for $50,000. The Pebble defendants successfully brought a special motion to strike. We reverse.

To determine the applicability of section 425.16, the anti-SLAPP statute, we look to the gravamen of the instant action.…