Cashman

City of Cotati v. Cashman

Good Law
109 Cal. Rptr. 2d 407·90 Cal. App. 4th 796
Court of Appeal of CaliforniaOctober 17, 2001A092242, A092868California4,858 words

Opinion

Opinion

The City of Cotati (Cotati) appeals after a special motion to strike its lawsuit was granted pursuant to the Strategic Lawsuit Against Public Participation (SLAPP) statute. (Code of Civ. Proc., § 425.16.) [1] The special motion to strike was brought by respondents Gene Cashman, Athena Sutsos, and Elizabeth White (collectively, respondents), who claimed Cotati's lawsuit was brought primarily to chill respondents' valid exercise of constitutional rights of freedom of speech and petition for the redress of grievances. The trial court agreed, and after striking Cotati's complaint, assessed attorney fees and costs against Cotati as authorized by section 425.16, subdivision (c).

We reverse, concluding that Cotati's complaint did not fall within the SLAPP statute. Additionally, Cotati showed a reasonable likelihood of prevailing on the merits. Therefore, the motion, including the request for attorney fees and costs, should have been denied by the trial court. We likewise reverse the award of sanctions imposed on Cotati for filing a motion to reconsider below. Last, we deny respondents' motion to dismiss this appeal and impose sanctions on Cotati.

This action concerns the…

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