Court Grants Defendants’ Ant-SLAPP Motion as to Allegations Related to Protected Activity. Attorney’s Fees Awarded.
Richmond issued its first medical marijuana collective permit to RCCC. Three other permits were later issued. The ordinance was amended to reduce the number of dispensary permits from six to three; if a permitted dispensary did not open within six months after the issuance of a permit, the permit would expire. RCCC lost its permit. RCCC filed an antitrust complaint under the Cartwright Act, alleging that the other dispensaries paid for community opposition to RCCC’s applications and also purchased a favorably zoned property. Defendants filed a joint anti-SLAPP (strategic lawsuit against public participation) motion to strike (Code of Civil Procedure 425.16), which was granted as to allegations related to protected activity–statements made before the city council and defendants’ actions in opposing RCCC’s application. Allegations related to the property purchase were not stricken. Some defendants sought attorney fees. The trial judge determined that “defendants prevailed on their” anti-SLAPP motions and awarded 7 Stars $23,120 plus costs of $688.12. The court of appeal affirmed. There is no conflict between the anti-SLAPP statute, which permits an award of attorneys’ fees to a defendant and the Cartwright Act, which permits only a plaintiff to be “awarded a reasonable attorneys’ fee together with the costs of the suit” (Bus. & Prof. Code 16750(a)).
Robert Rodriguez has prosecuted and defended California’s Anti-SLAPP law Section 425.16 of the Code of Civil Procedure, et seq. in the State of California courts. Robert Rodriguez has litigated well over 100 family law cases and civil litigation matters including personal injury motor vehicle cases, dog bite and slip & fall cases, breach of contract, defamation & invasion of privacy, fraud, unfair business practice, malicious prosecution, workplace and employment matters including sexual harassment, wrongful termination, wage & hour violations, discrimination pursuant to the FEHA, Gov’t Code §§ 12940 et seq., violations of the FMLA & Pregnancy Leave, Civil Rights discrimination pursuant to 42 U.S.C. § 1983 and Title VII of the 1964 Civil Rights Act in the State of California and California federal district courts.
* Disclaimer – Robert Rodriguez is licensed to practice only in the State of California & this analysis is applied only under State of California law. Robert Rodriguez is also admitted to practice in the U.S. District Courts, Central, Northern & Eastern Districts of California.