Padres L.P. v. Henderson

Padres L.P., the owner of the San Diego Padres Major League Baseball Team (the Padres), sued Attorney J. Bruce Henderson for malicious prosecution arising out of a series of lawsuits he filed challenging actions taken by the City of San Diego (the City), in collaboration with the Padres, to develop a new baseball park. Henderson appeals the partial denial of his special motion to strike the Padres’ malicious prosecution claims pursuant to Code of Civil Procedure section 425.16 (commonly known as the anti-SLAPP statute). (All statutory references are to the Code of Civil Procedure unless otherwise specified.) He contends that, in accordance with City of Long Beach v. Bozek (1982) 31 Cal.3d 527, 534 [ 183 Cal.Rptr. 86 , 645 P.2d 137 ] (Bozek), judgment vacated and cause remanded (1983) 459 U.S. 1095 [ 74 L.Ed. 2d 943 , 103 S.Ct. 712 ], reiterated (1983) 33 Cal.3d 727, 728 [ 190 Cal.Rptr. 918 , 661 P.2d 1072 ], he was absolutely privileged to file the underlying actions and thus the Padres cannot sue him for malicious prosecution. He also argues that, to the extent their claims are not otherwise barred, the Padres did not meet their statutory burden of showing a probability…

I respectfully dissent.

Public officials in this state are subject to a myriad of inconvenient limitations on their power to tax and spend. Today those limitations are weaker than they were yesterday. With no pertinent authority supporting its position, with controlling authority clearly contrary to its holding, the majority permits citizens to be sanctioned and held liable for malicious prosecution where they unsuccessfully attempt to enforce one or more of those limitations. Following today’s holding only the bravest and wealthiest will dare challenge the way a public agency has interpreted its powers. The majority compounds this error by allowing a malicious prosecution action to be brought by a private party with substantial interests in a citizen complaint against a government entity, thus creating an unprecedented categorical exception to the doctrine of petition immunity.

I

PROBABLE CAUSE

However Bruce Henderson may be perceived by his adversaries, whatever his subjective intentions might be, he had probable cause to bring Currie v. City of San Diego (Super.Ct. San Diego County, 2000, No. GIC743443 (Currie). He was therefore not subject to sanction or liability in…

McINTYRE, J.

Padres L.P., the owner of the San Diego Padres Major League Baseball Team (the Padres), sued Attorney J. Bruce Henderson for malicious prosecution arising out of a series of lawsuits he filed challenging actions taken by the City of San Diego (the City), in collaboration with the Padres, to develop a new baseball park. Henderson appeals the partial denial of his special motion to strike the Padres' malicious prosecution claims pursuant to Code of Civil Procedure section 425.16 (commonly known as the anti-SLAPP statute). (All statutory references are to the Code of Civil Procedure unless otherwise specified.) He contends that, in accordance with City of Long Beach v. Bozek (1982) 31 Cal.3d 527, 534 , 183 Cal.Rptr. 86 , 645 P.2d 137 ( Bozek ), judgment vacated and cause remanded (1983) 459 U.S. 1095 , 103 S.Ct. 712 , 74 L.Ed.2d 943 , reiterated (1983) 33 Cal.3d 727, 728 , 190 Cal.Rptr. 918 , 661 P.2d 1072 , he was absolutely privileged to file the underlying actions and thus the Padres cannot sue him for malicious prosecution. He also argues that, to the extent their claims are not otherwise barred, the Padres did not meet their statutory burden of showing a…