Sunset Millennium Associates, Limited Liability Company v. LHO Grafton Hotel, Limited Partnership

I. INTRODUCTION

Plaintiff, Sunset Millennium Associates, LLC, appeals after the trial court granted a renewed Code of Civil Procedure 1 section 425.16 special motion to strike the first amended complaint filed by defendant, LHO Grafton Hotel, L.P. Plaintiff and defendant operate competing hotels in the City of West Hollywood (the city). Plaintiff sought environmental approval of an expansion of its hotel. Defendant objected to the approval of an environmental impact report. The city approved the environmental impact report. Defendant filed an unsuccessful administrative mandate petition challenging the issuance of the environmental impact report. Plaintiff then filed the present suit contending that defendant violated alleged mutual written understandings *303 not to challenge any expansion of each other’s hotels. Defendant filed a renewed special motion to strike, which was granted.

In the published portion of this opinion, we discuss whether the renewed special motion to strike should have been denied pursuant to section 425.17, subdivision (c). The provisions of section 425.17, subdivision (c) contain varying exceptions to the special motion to strike screening…

I concur.

I believe my dissent in Brill Media Co., LLC v. TCW Group, Inc. (2005) 132 Cal.App.4th 324, 343 [ 33 Cal.Rptr.3d 371 ], is also relevant to the determination that Code of Civil Procedure section 425.17 is not applicable.

*

See footnote, ante, page 300.

Certified for Partial Publication. [*]

Plaintiff, Sunset Millennium Associates, appeals after the trial court granted a renewed Code of Civil Procedure [1] section 425.16 special motion to strike the first amended complaint filed by defendant, LHO Grafton Hotel, L.P. Plaintiff and defendant operate competing hotels in the City of West Hollywood (the city). Plaintiff sought environmental approval of an expansion of its hotel. Defendant objected to the approval of an environmental impact report. The city approved the environmental impact report. Defendant filed an unsuccessful administrative mandate petition challenging the issuance of the environmental impact report. Plaintiff then filed the present suit contending that defendant violated alleged mutual written understandings not to challenge any expansion of each other's hotels. Defendant filed a renewed special motion to strike which was granted.

In the published portion of this opinion, we discuss whether the renewed special motion to strike should have been denied pursuant to section 425.17, subdivision (c). The provisions of section 425.17, subdivision (c) contain varying exceptions to the special motion, to…