USA Waste of California, Inc. v. City of Irwindale

Aleshire & Wynder, Fred Galante and Anthony R. Taylor for Cross-defendant and Appellant.

Slovak, Baron & Empey and Shaun M. Murphy for Cross-complainant and Respondent.

MOSK, J.—

Cross-defendant and appellant City of Irwindale (City) appeals from the denial of its motion to strike cross-complainant and respondent USA Waste of California, Inc.'s (USA Waste) second amended cross-complaint under the anti-SLAPP (strategic lawsuit against public participation) statute, Code of Civil Procedure section 425.16, [1] which applies to the rights of freedom of speech and petition for the redress of grievances. This case involves, inter alia, whether the anti-SLAPP statute can be extended to apply to land use guidelines issued by a city. We hold that USA Waste's second amended cross-complaint against the City is based on such guidelines and is not subject to the anti-SLAPP statute. We affirm the trial court's ruling.

In about 1988, United Rock Products Corporation (United Rock), an operator of sand and gravel quarries in the City, acquired an open sand and gravel pit consisting of approximately 65 acres of land. That pit is commonly known as "Rock Quarry Pit No. 1" (Pit No. 1). On June 28,…

INTRODUCTION

Cross-defendant and appellant City of Irwindale (City) appeals from the denial of its motion to strike cross-complainant and respondent USA Waste of California, Inc.’s (USA Waste) second amended cross-complaint under the anti-SLAPP (strategic lawsuit against public participation) statute, Code of Civil Procedure section 425.16, 1 which applies to the rights of freedom of speech and petition for the redress of grievances. This case involves, inter alia, whether the anti-SLAPP statute can be extended to apply to land use guidelines issued by a city. We hold that USA Waste’s second amended cross-complaint against the City is based on such guidelines and is not subject to the anti-SLAPP statute. We affirm the trial court’s ruling.

BACKGROUND 2

In about 1988, United Rock Products Corporation (United Rock), an operator of sand and gravel quarries in the City, acquired an open sand and *57 gravel pit consisting of approximately 65 acres of land. That pit is commonly known as “Rock Quarry Pit No. 1” (Pit No. 1). On June 28, 1998, in City Resolution No. 90-19-1192, the Irwindale City Council approved United Rock’s plan for reclaiming the land consisting of Pit No.…

I concur that the burden of showing the fifth through seventh causes of action in the second amended cross-complaint has minimal merit never shifted to cross-complainant, USA Waste of California, Inc., but on slightly different grounds than my colleagues.

To begin with, the issuance of the violation notice is a written statement made in connection with an executive proceeding and an official proceeding within the meaning of Code of Civil Procedure section 425.16, subdivision (e)(1). 1 In addition, the violation notice is a written statement made in *67 connection with an issue under consideration before an executive body or an official proceeding. (§ 425.16, subd. (e)(2).) Here, we need not discuss constitutional free expression or petition issues. This case involves the statutorily enumerated first prong grounds in section 425.16, subdivision (e)(1) and (2). And the special motion to strike remedy applies equally to public entities. (Vargas v. City of Salinas (2009) 46 Cal.4th 1, 18 [ 92 Cal.Rptr.3d 286 , 205 P.3d 207 ] [“Section 425.16, subdivision (e) does not purport to draw any distinction between (1) statements by private individuals or entities that are made in the…