Oakland Bulk & Oversize Terminal, LLC v. City of Oakland (2020) 54 Cal.App.5th 738.
This is a SLAPP case. A developer sued the City of Oakland asserting tort and breach of contract claims relating to the development of a shipping terminal at a former Army base. The City brought a SLAPP motion which the trial court denied without prejudice. The Court of Appeal reversed to the extent that it felt the motion should be denied on the merits. The Court of Appeal noted that the suit was not based on protected activity because it arose out of the City’s alleged breach of a contractual obligation to cooperate, not its speech opposing a particular action. The speech was evidence of liability, but not the wrong itself. A refusal to issue permits is also not protected activity.
Gregory L. McCoy