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Los Angeles, City of v. Animal Defense League

ELR Citation: 36 ELR 20009
Nos. No. B177908, (Cal. App. 2d Dist., 01/09/2006)

A court reverses a lower court decision denying animal activists' motion to strike state employees' workplace violence protective orders under the state's anti-SLAPP statute. Following a nighttime protest at one of the employees' homes, a trial court issued temporary restraining orders against the activists, denied without prejudice a temporary restraining order against one of the activists, and set the matter for a hearing with respect to the city's request for permanent injunctive relief. In response, the activists filed special motions to strike the actions under §425.16 of the California Code of Civil Procedure, the anti-Strategic Lawsuits Against Public Participation (SLAPP) statute. The lower court denied the motions, holding that the protective orders were civil enforcement actions brought in the name of the state and, therefore, were exempt from motions to strike. The workplace violence protective orders, however, are not civil enforcement actions, and §527.8 of the Code of Civil Procedure provides that workplace violence protective orders are subject to special motions to strike under the anti-SLAPP statute.