Wang

Wang v. Hartunian

Good Law
111 Cal. App. 4th 744·2003 Cal. App. LEXIS 1313·2003 Daily Journal DAR 9725·3 Cal. Rptr. 3d 909·2003 Cal. Daily Op. Serv. 7807
Court of Appeal of CaliforniaAugust 26, 2003No. B160125California3,299 words

Opinion

lead Opinion

Armstrong, J.

*746 Opinion

Plaintiff Paul Wang appeals the dismissal of his action against defendant Steven Hartunian following the grant of the defendant’s SLAPP (strategic lawsuit against public participation) motion. Because we conclude that a citizen’s arrest is not protected activity under the anti-SLAPP statute, we reverse.

FACTS

In November 1998, a dispute arose between Wang and Hartunian concerning the latter’s use of a vacant lot he owned, located between his residence and the home of Wang’s mother. Wang’s mother and sisters filed a lawsuit on August 18, 2000, in an attempt to enjoin Hartunian from developing the lot. Subsequently, the relationship between the parties deteriorated and, in May 2001, Hartunian sought and obtained both temporary and permanent restraining orders. Under the terms of the permanent restraining order, Wang was ordered not to “contact, molest, harass, attack, strike, threaten, sexually assault, batter, telephone, send any messages to, follow, stalk, destroy the personal property of, disturb the peace of, keep under surveillance, or block movements in public places of Hartunian, his family, and workers ... on his property.” Wang was to remain 50 yards away…

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