Northern California Carpenters Regional Council v. Warmington Hercules Associates
Opinion
Opinion
Swager, J.
This appeal arises from an action for unfair business practices brought by the Northern California Carpenters Regional Council (hereafter Carpenters Council) and Cliff Drescher (hereafter collectively Plaintiffs) against building contractors and subcontractors (hereafter Defendants) engaged in the development of a housing project in the City of Hercules (hereafter City). Nine Defendants appeal an order denying their motion to strike the complaint pursuant to Code of Civil Procedure section 425.16, commonly known as the anti-SLAPP statute. We affirm.
PROCEDURAL AND FACTUAL BACKGROUND
The litigation arises from the development of a planned housing development called Victoria by the Bay on the site of a former oil refinery within the City. In January 2001, the City and the Hercules Redevelopment Agency (hereafter Agency) contracted with an entity called Hercules Victoria to remediate on-site contamination, construct infrastructure improvements, and then develop approximately 206 acres on this site. The Agency agreed to give Hercules Victoria financing assistance and to reimburse its costs from the increased real property taxes generated by the development.