Garamendi

Foundation for Taxpayer & Consumer Rights v. Garamendi

Good Law

132 Cal. App. 4th 1375·2005 Cal. App. LEXIS 1513·2005 Daily Journal DAR 11764·34 Cal. Rptr. 3d 368·2005 Cal. Daily Op. Serv. 8648

Court of Appeal of CaliforniaSeptember 27, 2005B176461California7,012 words

Opinion

Flier, J.

Mercury Insurance Group (Mercury) appeals an award of attorney fees and costs following a denial of its special motion to strike a petition and complaint as a strategic lawsuit against public participation (SLAPP). Mercury was not a named defendant but obtained leave to intervene in the action for the express purpose of filing a special motion to strike. The trial court found Mercury’s special motion to strike was frivolous and awarded petitioners their attorney fees and costs. We affirm.

FACTS AND PROCEDURAL HISTORY

A. The Complaint

On October 10, 2003, the Foundation for Taxpayer and Consumer Rights, Consumers Union of the United States, Inc., Southern California Leadership Conference of Greater Los Angeles and National Council of La Raza (petitioners) filed a petition for writ of mandate and complaint (complaint) to invalidate Senate Bill No. 841 (2003-2004 Reg. Sess.) (Sen. Bill 841). The complaint alleged Sen. Bill 841 was an invalid and unconstitutional amendment of Proposition 103, the “Insurance Rate Reduction and Reform Act,” that was passed by the voters in 1988. Petitioners sought to enjoin defendants John Garamendi, Commissioner of Insurance of the State of…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.