Kids Against Pollution v. CALIFORNIA DENTAL ASS'N

Fred J. Hiestand, Sacramento, for The Civil Justice Association of California (CJAC), Amicus Curiae on behalf of defendant and appellant.

Defendant California Dental Association (CDA) appeals from the denial of its motion under Code of Civil Procedure section 425.16, [1] commonly known as the anti-SLAPP (strategic lawsuit against public participation) statute, to strike two virtually identical complaints brought against it by several individuals and nonprofit organizations. The complaints allege four causes of action under California's unfair competition law, Business and Professions Code section 17200 et seq. (UCL), each predicated on a different legal theory, challenging an alleged "course of conduct and a business practice spanning over many decades in order to assure that patients do not receive accurate information regarding mercury amalgam fillings." [2] The trial court denied the motion, finding that although the actions arise out of CDA's acts in furtherance of its right of free speech or right of petition, plaintiffs made a prima facie showing that they were likely to prevail in the actions. For the reasons explained below, we conclude that the motion should…