CCNE

City of Long Beach (the City) timely appealed from the order of the trial court dismissing the City’s complaint for damages and injunctive relief against respondents California Citizens for Neighborhood Empowerment (CCNE) and its treasurer, Kinde Durkee. The City argues its complaint was not subject to the special motion to strike made pursuant to Code of Civil Procedure section 425.16. The City also argues, assuming arguendo that section 425.16 does apply, it demonstrated a clear probability that it would prevail on the merits, as required by the statute.

The legislative history of section 425.16 makes it clear the statute was never intended to apply to matters such as this enforcement action.

Accordingly, we reverse and remand with directions.

FACTUAL AND PROCEDURAL HISTORY

On April 17, 2002, the City filed a complaint against CCNE and Durkee. The complaint’s first cause of action alleged that prior to the April 9, 2002, election for mayor of Long Beach, CCNE accepted campaign contributions from individuals for the purpose of making independent expenditures in support of one of the mayoral candidates and that certain of those contributions were in excess of the…