1550 Laurel Owner's Ass'n, Inc. v. Appellate Div. of the Superior Court of L. A. Cnty.

*742 *1149 Petitioner 1550 Laurel Owner's Association, Inc. (the Association), the plaintiff below, seeks a writ of mandate directing the appellate division to vacate its order-which granted a petition for writ of mandate and directed the trial court to rule on the merits of a special motion to strike ( Code Civ. Proc., § 425.16 ) 1 filed by defendant and real party in interest Stephen Munshi (Munshi)-and to enter a new and different order denying Munshi's petition for writ of mandate.

The essential issue presented is whether a special motion to strike may be brought in a limited civil case. Section 92 enumerates permissible pleadings and motions in limited civil cases. At subdivision (d), it provides that "[m]otions to strike are allowed only on the ground that the damages or relief sought are not supported by the allegations of the complaint." (Italics added.) A special motion to strike, or anti-SLAPP motion, 2 is one brought on the ground that the cause of action against the defendant arose from defendant's exercise of the constitutional right of petition or free speech in connection with a public issue so as to require the plaintiff to establish a probability of prevailing on…