SAN RAMON VALLEY FIRE PROT. DIST. v. CCCERA

No. A105588.

22 Cal.Rptr.3d 724 (2004)

125 Cal.App.4th 343

SAN RAMON VALLEY FIRE PROTECTION DISTRICT, Plaintiff and Respondent, v. CONTRA COSTA COUNTY EMPLOYEES' RETIREMENT ASSOCIATION et al., Defendants and Appellants.

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

December 28, 2004.


Attorney(s) appearing for the Case

Steefel, Levitt & Weis, Harvey L. Leiderman, Ashley K. Dunning and Jeffrey R. Rieger, San Francisco, for Appellants.

Board of Retirement of the Orange County Employees Retirement System, Julie Wynn, General Counsel, Ventura County Employees' Retirement Association, Frank O. Sieh, County Counsel, Noah A. Klebaum, Chief Assistant County Counsel, Leroy Smith, Litigation Supervisor, Lori A. Nemiroff, Assistant County Counsel, Board of Retirement of the San Bernardino County Employees' Retirement Association, Andrew L. Kjeldgaard, Chief Counsel, Board of Retirement of the Kern County Employees' Retirement Association, Bernard C. Barmann, Sr., County Counsel, Stephen D. Schuett, Assistant County Counsel, Mark L. Nations, Chief Deputy Counsel, Litigation, Patricia J. Randolph, Deputy County Counsel, for amici curiae on behalf of appellants.

Law Offices of William D. Ross, William D. Ross, Diane C. De Felice, Los Angeles, and Kypros G. Hostetter, for Respondent.


RUVOLO, J.

This case requires us to decide whether litigation seeking judicial review of an action or decision by a public entity is subject to a special motion to strike under the anti-SLAPP statute, Code of Civil Procedure section 425.16,1 merely because the challenged action or decision was taken by vote after discussion at a public meeting. Our answer is no. Even if the conduct of individual public officials in discussing and voting...

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