Ludwig
Ludwig v. Superior Court
Opinion
Opinion
Richli, J.
Petitioner Glen Ludwig, defendant in the action below, seeks a writ of mandate to compel the trial court to grant his special motion to strike under Code of Civil Procedure section 425.16. We conclude that real party the City of Barstow , plaintiff below, has failed to show a “probability” of success on the merits within the scope of the statute, and that the trial court therefore erred in denying Ludwig’s motion. We will grant the relief prayed.
Statement of the Case
In a nutshell, petitioner Ludwig wishes, or has wished, to develop a discount mall in or near the Cities of Hesperia or Adelanto, and has taken at least preliminary steps to do so. Barstow, in turn, hoped to attract a discount mall of its own. Due to the geographic proximity of the locations, and their situation along the same transportation corridor, it would be economically advantageous for either mall not to face competition from the other. As a result, Ludwig, who apparently had the initial edge, was naturally concerned when the prospect of a competing mall in Barstow arose. As a result, Ludwig took certain actions which became the subject of this litigation.