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CITY OF COTATI v. CASHMAN

No. S099999.

124 Cal.Rptr.2d 519 (2002)

29 Cal.4th 69

52 P.3d 695

CITY OF COTATI, Plaintiff and Appellant, v. Gene CASHMAN et al., Defendants and Respondents.

Supreme Court of California.

August 29, 2002.

Attorney(s) appearing for the Case

Endeman, Lincoln, Turek & Heater, Donald R. Lincoln, Henry E. Heater, San Diego. Linda B. Reich, San Diego; Walter & Pistole and Jeffrey A. Walter, Sonoma, for Plaintiff and Appellant.

Pacific Legal Foundation, R.S. Radford, Sacramento, Meriem L. Hubbard and Harold E. Johnson for Defendants and Respondents.

Law Office of James J. Moneer and James J. Moneer, San Diego, as Amici Curiae on behalf of Defendants and Respondents.

Levy, Ram, Olson & Rossi, Karl Olson; Karlene W. Goller, Los Angeles; Harold W. Fuson, Jr., La Jolla; and Thomas W. Newton, Sacramento, for California Newspaper Publishers Association, Los Angeles Times and Copley Press, Inc., as Amici Curiae.

WERDEGAR, J.

We must decide in this case whether a municipality's state court action for declaratory relief respecting the constitutionality of a mobilehome park rent stabilization ordinance, filed in response to a federal court declaratory relief action brought by park owners respecting the same ordinance, constitutes a strategic lawsuit against public participation SLAPP)1 within the purview of Code of Civil Procedure section 425.16...

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