Bulletin Displays, LLC v. Regency Outdoor Advertising, Inc.

PROCEEDINGS: (IN CHAMBERS) ORDER DENYING DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S COMPLAINT PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 425.16 (filed 3/9/06)

Plaintiff Bulletin Displays, LLC (“Bulletin”) asserts federal RICO and antitrust claims, and state law antitrust, unfair competition and tort claims, against Defendant Regency Outdoor Advertising, Inc. (“Regency”) and other Defendants, based on Defendants’ alleged payment of bribes to the Mayor of Lynwood, California. Regency has filed a motion to dismiss Bulletin’s Complaint pursuant to California’s anti-SLAPP statute, California Code of Civil Procedure Section 425.16. Because the only conduct alleged in the Complaint that is protected under the anti-SLAPP statute is merely incidental to other alleged conduct that is not protected, Regency’s motion is DENIED.

I. Background

Regency and Bulletin are competing billboard advertising companies. Bulletin filed its Complaint in this action against Regency and various other parties on November 4, 2005, alleging that the Defendants had engaged in a scheme to bribe public officials to influence the awarding of billboard permits and contracts in the City of Lynwood,…