San Diegans for Open Gov. v. Poway Unified School
San Diegans for Open Government (SDOG) appeals an order pursuant to the anti-SLAPP statute (Code Civ. Proc., § 425.16) striking SDOG's complaint against three board members and the superintendent of Poway Unified School District (District) who were sued individually for violating the Ralph M. Brown Act (Gov. Code, § 54950 et seq.) (Brown Act) based on communications regarding the hiring of the superintendent. SDOG contends the court erred in determining: (1) the public interest exception of section 425.17 does not apply because SDOG did not establish private enforcement was necessary; (2) the claims arose from activity protected by section 425.16, subdivisions (e)(1) or (e)(2); and (3) SDOG could not establish a probability of prevailing on its single claim under Government Code section 54960.1 because the section allows actions against a legislative body, not against individuals. We disagree with each of SDOG's contentions and, therefore, affirm the order.
Comments on San Diegans for Open Gov. v. Poway Unified School