Animal Legal Defense Fund v. LT Napa Partners LLC

Plaintiff and respondent Animal Legal Defense Fund (plaintiff) filed an action against defendants and appellants LT Napa Partners LLC and Kenneth Frank (defendants), alleging defendants sold foie gras in their Napa restaurant in violation of section 25982 of the Health and Safety Code (Section 25982). Defendants moved to strike plaintiff’s claim pursuant to the anti-SLAPP statute, section 425.16 of the Code of Civil Procedure (Section 425.16). Defendants appeal from the trial court’s denial of the motion. We affirm.

BACKGROUND

In 2004, the Legislature enacted Section 25982, banning the sale of foie gras effective July 1, 2012. (See Health & Saf. Code, § 25980 et seq.) Plaintiff advocated for passage of the ban and has been active in informing the public about the law and its view that production of foie gras involves cruelty to animals. Defendant Frank, who is the head chef at Napa restaurant La Toque, has been a vocal opponent of Section 25982. For example, he testified at state Senate hearings preceding passage of the law, publicly debated the merits of the ban, and authored a newspaper opinion article against the ban. La Toque is owned by defendant LT Napa Partners…