Barth

FACTS

We draw the facts from Barth’s complaint and the admissible evidence submitted

with the anti-SLAPP briefing. (Chabak v. Monroy (2007) 154 Cal.App.4th 1502, 1509

(Chabak).)

A. The Incident, Investigation, and Arrest

Barth operates his cement mixing business, First Choice Ready Mix Corporation,

from a property he leases on McCarty Road in Chino. In October 2019, after various

notices and cease-and-desist letters went ignored, Chino filed an abatement action against

him, alleging his business operations violated zoning laws and created a public nuisance.

As part of its investigation, Chino assigned Mark Ilagan, a code enforcement officer of

years, to conduct a weekly “public right-of-way” inspection, during which Ilagan would

observe Barth’s operations from the street in a marked, city-issued vehicle and video any

violations he observed. The inspections lasted about 10 to 20 minutes, and Ilagan never

went onto the property or spoke with Barth’s employees.

Case Numbers E077529 and E078175. 3 According to Ilagan, as he was finishing an inspection from his car on the morning

of February 24, 2020, Barth drove up in a truck and blocked him in. Barth rushed…