Panakosta Partners v. Hammer Lane Management

Good Law
131 Cal. Rptr. 3d 835·199 Cal. App. 4th 612·2011 Cal. App. LEXIS 1229
Court of Appeal of CaliforniaSeptember 27, 2011No. C065812California7,786 words

Opinion

Lead Opinion

Hoch, J.

Hammer Lane R.V. and Mini-Storage is a limited partnership that owns and operates a storage facility in Stockton, California. After disagreeing about whether to sell the facility, appellants Panakosta Partners, LP, and other limited partners 1 sought to wrest control from respondents Hammer Lane Management, LLC, and other limited partners who collectively held a majority interest in the partnership. 2 Management filed an action seeking judicial dissolution of the partnership as well as declaratory and injunctive relief. Panakosta sought to avoid dissolution and petitioned to buy out Management’s share of the business in a “special proceeding” pursuant to Corporations Code section 15908.02. 3 Management dismissed with prejudice *619 its cause of action for judicial dissolution and filed an “anti-SLAPP” 4 motion under Code of Civil Procedure section 425.16. The trial court granted the anti-SLAPP motion and denied Panakosta’s petition for buyout.

On appeal, Panakosta contends the trial court erred by (1) disallowing it to buy out Management’s interest under section 15908.02, and (2) granting the anti-SLAPP motion and awarding fees and costs to Management. Management…

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