Wang

Wang v. Wal-Mart Real Estate Business Trust

Good Law
153 Cal. App. 4th 790·2007 Cal. App. LEXIS 1219·63 Cal. Rptr. 3d 575
Court of Appeal of CaliforniaJuly 25, 2007D050464, D050465California8,169 words

Opinion

Opinion

Huffman, J.

Plaintiffs and appellants H. Roger Wang and Vivine Wang (the Wangs or plaintiffs) brought this action for breach of contract, fraud, conspiracy to defraud and other theories, against numerous defendants, including defendant and respondent Wal-Mart Stores, Inc., based on a dispute stemming from the sale of two parcels of plaintiffs’ real property to Wal-Mart. Plaintiffs allege their remaining adjoining parcels of property were wrongfully deprived of street access through the actions of these defendants in planning and developing a Wal-Mart store. The named defendants also include the City of San Bernardino (the City), the civil engineering firm involved in the project, Hall & Foreman Inc., and its principal Harold Garcelon (sometimes collectively Hall et al.). Traffic consultants LSA Associates, Inc. (LSA) are also named as defendants.

In response to the filing of the complaint, Wal-Mart and the City (jointly represented by the same attorneys) brought a special motion to strike the complaint pursuant to Code of Civil Procedure section 425.16, commonly referred to as the anti-SLAPP statute (strategic lawsuit against public participation). (Equilon Enterprises v. Consumer…

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