Beck v. Prana Eight Properties
Plaintiffs Marianne Beck, Phil Head, Kurt Mueller, Ryan McCauley, and John Tynan are tenants in two adjacent properties owned by defendants Prana Eight Properties, LLC (Prana Eight) and James Vlahos. In 2008, plaintiffs learned defendants, in settling a lawsuit between them, had extinguished an easement that permitted the maintenance of a fire escape attached to the back of one of the properties and had made arrangements to demolish the fire escape, which plaintiffs used for access to a yard shared by the properties. Plaintiffs filed an action for a declaration regarding their rights in the easement and to enjoin demolition of the fire escape. While the lawsuit was pending, defendants demolished the fire escape, after obtaining appropriate permits from the City. Defendants then filed a special motion to strike under Code of Civil Procedure section 425.16, the anti-SLAPP statute. [1] In opposing the special motion, plaintiffs argued their action was not covered by the anti-SLAPP statute and, in any event, they could demonstrate a probability of prevailing in the action by satisfying the justiciability requirements for declaratory relief. Although the trial court found the action to be covered by the anti-SLAPP statute, it concluded plaintiffs had demonstrated they were likely to prevail in their lawsuit. Court reverse.
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