1550 Laurel Owner's Ass'n, Inc. v. Appellate Div. of the Superior Court of L. A. Cnty.

239 Cal. Rptr. 3d 740, 28 Cal. App. 5th 1146
California Court of Appeal, 5th District·Decided November 7, 2018·No. B288091·Published·Cited by 13 cases

Opinion

EDMON, P. J.

*742*1149Petitioner 1550 Laurel Owner's Association, Inc. (the Association), the plaintiff below, seeks a writ of mandate directing the appellate division to vacate its order-which granted a petition for writ of mandate and directed the trial court to rule on the merits of a special motion to strike ( Code Civ. Proc., § 425.16 )1 filed by defendant and real party in interest Stephen Munshi (Munshi)-and to enter a new and different order denying Munshi's petition for writ of mandate.

The essential issue presented is whether a special motion to strike may be brought in a limited civil case. Section 92 enumerates permissible pleadings and motions in limited civil cases. At subdivision (d), it provides that "[m]otions to strike are allowed only on the ground that the damages or relief sought are not supported by the allegations of the complaint." (Italics added.) A special motion to strike, or anti-SLAPP motion,2 is one brought on the ground that the cause of action against the defendant arose from defendant's exercise of the constitutional right of petition or free speech in connection with a public issue so as to require the plaintiff to establish a probability of prevailing on the claim ( § 425.16, subd. (b)(1) )-not "on the ground that the damages or relief sought are not supported by the allegations of the complaint." (§ 92, subd. (d), hereafter, § 92(d).) We conclude the restrictive language of section 92(d), which limits the type of motions to strike that may be brought in a limited civil case, precludes the filing of a special motion to strike in such a case. Therefore, we grant the relief requested.

FACTUAL AND PROCEDURAL BACKGROUND

In October 2016, the Association filed a limited civil case against Munshi for breach of a settlement agreement.

Munshi filed a special motion to strike pursuant to section 425.16, contending that the Association's claims arose out of his protected petitioning activity, and that the Association could not prevail on its claims. In opposition, the Association contended, inter alia, that the special motion to strike *1150violated section 92(d), which states that in a limited civil case, "[m]otions to strike are allowed only on the ground that the damages or relief sought are not supported by the allegations of the complaint."

The trial court denied Munshi's special motion to strike, concluding that a special motion to strike is not permitted in a limited civil case.

Munshi challenged the trial court's order by way of a petition for writ of mandate to the appellate division of the superior court. The appellate division granted the petition, *743concluding that section 92(d) does not bar a defendant in a limited civil case from moving to strike a cause of action pursuant to section 425.16. The appellate division directed the trial court to vacate its order and to rule on the merits of Munshi's special motion to strike.

The Association then petitioned this court for a writ of mandate directing the appellate division to vacate its order. On April 10, 2018, we ordered a stay of trial court proceedings and issued an order to show cause why the Association's petition should not be granted.3

DISCUSSION

The sole issue before us is whether a special motion to strike may be brought in a limited civil case.

I.

Principles of Statutory Interpretation; Standard of Review

In determining whether special motions to strike are cognizable in limited civil cases, we apply well-established rules of statutory interpretation.

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1550 Laurel Owner's Ass'n, Inc. v. Appellate Div. of the Superior Court of L. A. Cnty., 239 Cal. Rptr. 3d 740, 28 Cal. App. 5th 1146 (Cal. Ct. App. 2018).

239 Cal. Rptr. 3d 740 (1550 Laurel Owner's Ass'n, Inc. v. Appellate Div. of the Superior Court of L. A. Cnty.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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