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Casa de Amigos v. Rady2/13/2003
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
In this action the plaintiff Casa de Amigos (CDA), a mobile home park owner in the City of Escondido, California (the City), filed a petition for writ of mandamus and for administrative mandamus (the petition) challenging the Escondido Mobile Home Rent Review Board's (the Board's) decision denying in part CDA's request for a rent increase. In the petition, brought against the Board and defendant June Rady individually, CDA asserted that Rady, a member of the Board, was biased and had prejudged CDA's application. This assertion was based upon Rady's comments to a newspaper concerning a different mobile home park owner's maintenance practices and alleged harassment and intimidation of his mobile home park residents. Rady commented that to protect the residents' rights the City could "send a very clear message" by not granting rent increases to that mobile home park owner. In the petition, CDA requested that the court disqualify Rady from the Board's decision on its request for a rent increase and remand the matter for a new hearing before unbiased board members.
The Board brought a demurrer to the first cause of action for a writ of mandamus, in which Rady joined, and Rady brought a motion to strike under Code of Civil Procedure section 425.16, commonly referred to as the "anti-SLAPP" (strategic litigation against public participation) statute. The court sustained the Board's demurrer with leave to amend and took Rady's motion to strike off calendar as moot. CDA then filed a first amended petition. The Board, joined by Rady, demurred again to the first cause of action for writ of mandamus, asserting that CDA's claim could not be raised in a writ of mandamus proceeding and that there was an insufficient showing of bias to trigger any review of the Board's decision. Rady also filed another motion to strike the first cause of action stated against her under section 425.16. Rady argued that her motion to strike should be granted under section 425.16 because the petition was based upon statements she made to the press about a pending court matter involving mobile home park residents who were part of her constituency. Responding to Rady's motion to strike, CDA asserted that petitions for writ of mandamus were not subject to section 425.16 or, in the alternative, that it could show a reasonable probability of success on its claim against Rady. The court sustained the Board's demurrer to the first cause of action, in which Rady joined, without leave to amend on the basis that (1) an opinion by a board member on an issue before it did not require disqualification and (2) the writ as alleged did not overcome the presumption of integrity and honesty afforded board members. The court also granted Rady's motion to strike, finding that (1) CDA's claim was subject to the anti-SLAPP statute; and (2) CDA could not demonstrate a probability of success on the merits of its claim against Rady. The court entered judgment against CDA and in favor of Rady on both the demurrer and motion to strike.
CDA appeals from the judgment in favor of Rady, asserting that the court erred in granting Rady's demurrer because it had adequately pleaded that Rady had shown actual bias in her review of its request for a rent increase. CDA also asserts that the court erred in dismissing Rady from the action on the basis of section 425.16 because (1) its petition is not subject to the a
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