King
Midland Pacific Building Corp. v. King
Opinion
Opinion
Gilbert, J.
“The paradigm SLAPP is a suit filed by a large land developer against environmental activists or a neighborhood association intended to chill the defendants’ continued political or legal opposition to the developers’ plans. [Citations.]” (Wilcox v. Superior Court (1994) 27 Cal.App.4th 809, 815 [ 33 Cal.Rptr.2d 446 ], disapproved on another ground by Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 68, fn. 5 [ 124 Cal.Rptr.2d 507 , 52 P.3d 685 ].) Paradigms change. Here we conclude plaintiff developer brought its lawsuit to vindicate “a legally cognizable right,” not “to obtain an economic advantage” over defendants. (Wilcox, supra, at p. 816 .)
Plaintiff’s action is for breach of contract and fraud. Defendants file an anti-SLAPP motion. (Code Civ. Proc., § 425.16.) They claim the lawsuit arises from the exercise of their constitutional rights of free speech and petition in processing a tract map. The trial court denies the motion.
We conclude the cause of action for breach of a contract that requires a party to appear at a public hearing arises from protected activity. But here, plaintiff demonstrates a probability of prevailing.