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LUDWIG v. SUPERIOR COURT

Docket No. E015539.

37 Cal.App.4th 8 (1995)

43 Cal. Rptr. 350

GLEN LUDWIG, Petitioner, v. THE SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent; CITY OF BARSTOW et al., Real Parties in Interest.

Court of Appeals of California, Fourth District, Division Two.

July 26, 1995.

Attorney(s) appearing for the Case

COUNSEL

Cummings & Kemp, Brian J. Simpson, Everett L. Skillman and Clive J. Kemp for Petitioner.

No appearance for Respondent.

Latham & Watkins, Dorn G. Bishop, Christopher Garrett, Smith, Silbar, Duffy & Parker and Keith M. Parker for Real Parties in Interest.

OPINION

RICHLI, J.

Petitioner Glen Ludwig, defendant in the action below, seeks a writ of mandate to compel the trial court to grant his special motion to strike under Code of Civil Procedure section 425.16.1 We conclude that real party the City of Barstow2, plaintiff below, has failed to show a "probability" of success on the merits within the scope of the statute, and that...

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