Weir

John A. Ramirez, Costa Mesa, Michael R.W. Houston; Rutan & Tucker, for Amicus Curiae, California League of Cities.

No appearance for Defendants and Respondents.

PARRILLI, J.

This case arises from the trial court's denial of a motion to recover attorney fees and costs under Code of Civil Procedure section 425.16. [1] We reverse.

Appellants are unincorporated associations of Orinda homeowners. They submitted a rebuttal argument for a voter information pamphlet regarding a proposed tax increase to fund improvements in the water flow to fire hydrants in Orinda. Respondent Moraga-Orinda Fire Protection District filed a mandamus petition seeking to strike or modify certain statements in the rebuttal. Three days later, the District filed an amended petition adding respondent Gene Gottfried, M.D., a Director of the District, as a petitioner. Appellants responded by challenging the District's standing under Elections Code section 13313, [2] and arguing that the amended petition was not timely filed. Appellants also moved to strike the petition as a Strategic Lawsuit Against Public Participation (SLAPP) under section 425.16.

The trial court denied the petition, ruling that the District…