Dean

Dean v. Friends of Pine Meadow

Good Law
21 Cal. App. 5th 91·229 Cal. Rptr. 3d 865
Court of Appeal of CaliforniaFebruary 8, 2018A149735California6,196 words

Opinion

lead Opinion

Ruvolo, J.

*97 I. INTRODUCTION

Appellants Christine Dean (Dean), DeNova Homes, Inc. (DeNova), and Civic Martinez, LLC (collectively, plaintiffs) filed the underlying action for interference with prospective economic advantage and defamation against respondents Friends of Pine Meadow and several individuals (collectively, defendants), 1 seeking damages and injunctive relief for allegedly false statements and publications regarding plaintiffs' plan to construct a housing development on the Pine Meadow Golf Course in Martinez. Judgment was entered against plaintiffs after the trial court granted defendants' special motion to strike plaintiffs' complaint pursuant to section 425.16 of the Code of Civil Procedure ( section 425.16 or the anti-SLAPP law). 2

On appeal, plaintiffs contend their claims arise out of commercial speech, which is not protected activity under the anti-SLAPP law. Our standard of review is de novo. ( Summit Bank v. Rogers (2012) 206 Cal.App.4th 669 , 681-682, 142 Cal.Rptr.3d 40 .) We affirm.

II. STATUTORY OVERVIEW

"The Legislature enacted section 425.16 in 1992, noting 'a disturbing increase in lawsuits brought primarily to chill the valid exercise of the constitutional…

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