Melek v. City of Ontario
Plaintiff appeals from an order granting defendants’ special motion to strike brought pursuant to Code of Civil Procedure section 425.16, commonly known as the anti-SLAPP. Plaintiff’s lawsuit concerns code enforcement activities by the City of Ontario and its employees (the City defendants) and the law firm of Best, Best and Krieger and certain of its lawyers (the attorney defendants). Defendants’ SLAPP motion was granted as to four of plaintiffs’ five causes of action. The fifth cause of action remains viable.
Court held that plaintiff’s claims are based on protected activity by defendants, as defined by section 425.16, subdivisions (b) and (e), and that plaintiff cannot make the required showing of the probability of prevailing. Court affirmed the court’s order granting the SLAPP motion as it pertains to four causes of action. Court cannot, however, review the trial court’s order denying without prejudice the SLAPP motion as to the fifth cause of action because no appeal was taken from that order.
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