Developments of Interest

New Cases of Interest - October 29, 2018

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10/29/2018

Takhar v. People Ex Rel Feather River Air Quality Management District (2018) 27 Cal.App.5th 15.  This is a SLAPP case.  The Feather River Air Quality Management District initiated a complaint in the nature of a civil enforcement action against a property owner, and it was met with a cross-complaint asserting a taxpayer action for waste of public funds and seeking declaratory relief.  The District filed a SLAPP motion, which the trial court denied, but was reversed by the court of appeal.  The court found that the owner did not qualify for the public interest exemption with respect to the cross-complaint because the relief sought would have included an injunction preventing the District for maintaining the enforcement action against him personally.  The plaintiff’s action in filing a civil enforcement action and related activities were protected petitioning activity and the cross-complaint arose out of that enforcement action.  The owner also did not show probability of prevailing on the merits.

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