Garibaldi

Planned Parenthood Golden Gate v. Garibaldi

Good Law
107 Cal. App. 4th 345·132 Cal. Rptr. 2d 46
Court of Appeal of CaliforniaMarch 3, 2003A098455, A098457, A096588California5,052 words

Opinion

Opinion

Haerle, J.

I. Introduction

In 1995 Planned Parenthood Association of San Mateo County obtained a permanent injunction limiting demonstration activity outside its clinic in San Mateo (the 1995 injunction). In February 2001, Planned Parenthood Golden Gate (PPGG) filed the instant action seeking a declaration that the 1995 injunction applies to appellants, Rossi Foti (Foti) and Jeannette and Louie Garibaldi (the Garibaldis). The trial court denied the Garibaldis’ motion to strike PPGG’s complaint pursuant to section 425.16 of the Code of Civil Procedure, California’s anti-SLAPP (strategic lawsuit against public participation) statute. Thereafter, the court granted PPGG summary judgment. The Garibaldis separately appealed from the order denying their motions to strike and from the summary judgment. Foti also appealed from the summary judgment. This court consolidated these three related appeals.

We affirm the order denying the Garibaldis’ motions to strike. However, we reverse the summary judgment because there are triable issues of material fact as to whether the 1995 injunction applies to appellants.

II. Factual and Procedural Background

A. The 1995 Injunction

Planned Parenthood…

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