(DOWNLOAD) "Tuchscher Development Enterprises" by California Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Tuchscher Development Enterprises
- Author : California Court of Appeals
- Release Date : January 12, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 98 KB
Description
Appellant Tuchscher Development Enterprises, Inc. (TDE) sued the San Diego Unified Port District and one of its then commissioners David Malcolm (hereafter the Port District and Malcolm, or collectively, respondents) for inducing breach of contract, intentional and negligent interference with prospective economic advantage, and violation of the unfair competition law (Bus. & Prof. Code, § 17200 et seq.) stemming from respondents' conduct alleged to have interfered with an exclusive negotiating agreement between TDE and other entities relating to the commercial development of certain property. Respondents moved to strike TDE's complaint under Code of Civil Procedure section 425.16 (commonly referred to as the anti-SLAPP statute), *fn1 asserting the lawsuit arose from respondents' exercise of their rights of petition and free speech in connection with a public issue. The trial court granted the motion to strike, denied TDE's reconsideration motion, awarded respondents attorney fees and entered judgment in respondents' favor. On appeal, TDE contends section 425.16 does not apply to its causes of action because there was no public issue that warranted Malcolm or the Port District's involvement and there was no pending public process -i.e., hearings before the Port District or California Environmental Quality Act (CEQA) proceedings - in which respondents' statements or writings occurred. TDE further contends that even assuming the anti-SLAPP statute applied, it established a probability of success on the merits of its claims against respondents. Finally, TDE contends the court erred by denying reconsideration and the opportunity to conduct further discovery, and awarding respondents $55,900 in attorney fees. We reject these contentions and affirm the judgment. *fn2
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