City of Costa Mesa v. D'Alessio Investments

Dennis D’Alessio and D’Alessio Investments, LLC (collectively, D’Alessio), own commercial real property at 440 Fair Drive in Costa Mesa, California (the Property). In April 2011, the City of Costa Mesa (the City) sued D’Alessio and various tenants at the Property to abate a public nuisance—namely, alleged acts of prostitution at several massage establishments and the operation of medical marijuana dispensaries in violation of the City’s zoning code. The trial court granted preliminary injunctions in favor of the City in August 2011, enjoining the prohibited practices during the pendency of the action. In September 2011, D’Alessio filed a cross-complaint alleging the City and certain individual employees (George Nichols, Willa Bouwens-Killeen, Mel E. Lee, Melynda Shank, and Minoo Ashabi) committed slander, trade libel, and intentional interference with prospective economic advantage by making certain statements to D’Alessio’s potential tenants and construction contractors. 1 The City and the employees filed an anti-SLAPP (strategic lawsuit against public participation) motion, which the court granted in part and denied in part. (Code Civ. Proc., § 425.16; hereafter *365…