Roselli

I. BACKGROUND

A. Plaintiffs’ First Amended Complaint The FAC alleged three causes of action against defendants: (1) violation of Civil Code section 51.7, (2) violation of Civil Code section 52.1, and (3) assault. Civil Code section 51.7, entitled ―Freedom from violence or intimidation,‖ provides in relevant part persons in California ―have the right to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of political affiliation, or on account of any characteristic listed or defined in subdivision (b) or (e) of Section 51, or position in a labor dispute . . . .‖ (Civ. Code, § 51.7, subd. (a), italics added.) Civil Code section 52.1 authorizes civil damages and injunctive relief for individuals whose exercise of state or federal constitutional rights has been interfered with, or attempted to be interfered with, ―by threats, intimidation, or coercion.‖ (Civ. Code, § 52.1, subds. (a), (b), italics added.) A cause of action for assault requires that defendants demonstrate an unlawful intent to inflict immediate injury on the plaintiff. (Plotnik v. Meihaus (2012) 208 Cal.App.4th 1590, 1603–1604; CACI No. 1301.) The…