Stewart

City of Santa Monica v. Stewart

Bad Law
126 Cal. App. 4th 43·24 Cal. Rptr. 3d 72
Court of Appeal of CaliforniaFebruary 28, 2005B159223, B164794, B160037, B162530California19,654 words

Opinion

Opinion

Boland, J.

SUMMARY

Lawsuits were brought relating to the enforcement of initiatives approved by voters in Santa Monica and Pasadena. The initiatives sought to prevent city officials from receiving certain advantages from persons or entities who derived benefit from discretionary decisions made by those officials. This case involves consolidated appeals challenging four separate rulings in the two actions.

In the Santa Monica suit, the trial court dismissed the action as a nonjusticiable controversy. We agree with that ruling. Not only does Santa Monica lack the requisite standing to challenge the constitutionality of the initiative, the claims asserted by Santa Monica are not ripe for determination.

In the Pasadena suit, the trial court denied an anti-SLAPP motion brought by the initiative’s sponsor to strike Pasadena’s cross-complaint, granted a summary judgment motion in favor of the city, and denied the initiative sponsor’s motion for attorneys’ fees under the private attorney general statute. We disagree with those rulings. The acts which led Pasadena to file a cross-complaint against the initiative sponsor arose out of protected First Amendment activities, and Pasadena was…

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