1550 Laurel Owner’s Association, Inc. v. Appellate Division of the Superior Court of Los Angeles County

The Association sought a writ of mandate directing the appellate division to vacate its order granting a petition for writ of mandate and directing the trial court to rule on the merits of a special motion to strike, Code of Civil Procedure 425.16, filed by defendant and real party in interest. The Association wanted the trial court to enter a new and different order denying real party in interest's petition for writ of mandate.The Court of Appeal held that the restrictive language of Code of Civil procedure 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 under section 425.16. The court reasoned that construing section 92(d) as barring anti-SLAPP motions in limited civil cases was also in harmony with the public policy of economic litigation in such cases. Accordingly, the court granted the Association's petition for writ of mandate. View "1550 Laurel Owner's Association, Inc. v. Appellate Division of the Superior Court of Los Angeles County" on Justia Law