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Notice of Motion & Special Motion to Strike

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Notice of Motion & Special Motion to Strike 1 Gladys Limón (SBN 228773) COMMUNITIES FOR A BETTER ENVIRONMENT 2 6325 Pacific Blvd., Suite 300 Huntington Park, California 3 T: (323) 826-9771; F: (323) 588-7079 [email protected] 4 Attorneys for Cross-defendant Youth for Environmental Justice 5 Adam B. Wolf (SBN 215914) PEIFFER ROSCA WOLF ABDULLAH CARR & KANE 6 9696 Culver Blvd., Suite 301 7 Culver City, CA 90232 [email protected] 8 T: (415) 766-3545; F: (415) 402-0058 Attorney for Cross-defendant Youth for Environmental Justice 9 (additional counsel listed on next page) 10 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 IN AND FOR THE COUNTY OF LOS ANGELES, CENTRAL DISTRICT 12 YOUTH FOR ENVIRONMENTAL Case No. BC600373 JUSTICE, SOUTH CENTRAL YOUTH 13 LEADERSHIP COALITION, and Assigned to Hon. Terry A. Green, Dept. 14 CENTER FOR BIOLOGICAL 14 DIVERSITY, NOTICE OF MOTION AND SPECIAL 15 MOTION TO STRIKE FIRST AMENDED Plaintiffs/Cross-Defendants, CROSS-COMPLAINT PURSUANT TO 16 C.C.P. § 425.16 (ANTI-SLAPP); vs. MEMORANDUM OF POINTS AND 17 AUTHORITIES IN SUPPORT; CITY OF LOS ANGELES, CITY OF LOS DECLARATION OF GLADYS LIMON IN 18 ANGELES DEPARTMENT OF CITY SUPPORT PLANNING, MICHAEL J. LOGRANDE, 19 in his official capacity as Director of Los Date: February 16, 2017 Angeles Department of City Planning; and Time: 8:45 a.m. 20 DOES 1 through 20, inclusive, Dept.: 14 Reservation ID: 161109172742 21 Defendants/Respondents. 22 23 CALIFORNIA INDEPENDENT PETROLEUM ASSOCIATION, 24 Defendant/Respondent-in- 25 Intervention/Cross- Complainant. 26 27 28 NOTICE OF MOTION & SPECIAL MOTION TO STRIKE; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT; DECLARATION OF GLADYS LIMON IN SUPPORT 1 (Caption continued) 2 Maya Golden-Krasner (SBN 217557) THE CENTER FOR BIOLOGICAL DIVERSITY 3 P.O. Box 1476 La Canada Flintridge, CA 91012 4 T: (213) 215-3729; F: (510) 844-7150 [email protected] 5 Attorney for Cross-defendant Center for Biological Diversity 6 Kassia R. Siegel (SBN 209497) 7 THE CENTER FOR BIOLOGICAL DIVERSITY 1212 Broadway, Suite 800 8 Oakland, CA 94612 T: 760-366-2232, F: (510) 844-7150 9 [email protected] 10 Attorney for Cross-defendant Center for Biological Diversity 11 Deepak Gupta (pro hac vice pending) GUPTA WESSLER PLLC 12 1735 20th Street, NW Washington, DC 20009 13 T: (202) 888-1741; F: (202) 888-7792 [email protected] 14 Attorneys for Cross-defendant South Central Youth Leadership Coalition (SCYLC) 15 NOTICE OF MOTION AND SPECIAL MOTION TO STRIKE PURSUANT TO 16 CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 425.16 17 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 18 PLEASE TAKE NOTICE that on February 16, 2017, at 8:45 a.m., or as soon thereafter 19 as the motion may be heard in Department 14 of the above-captioned Court, located at 111 N. 20 Hill Street, Los Angeles, California 90012, Cross-Defendants Youth for Environmental Justice, 21 South Central Youth Leadership Coalition, and the Center for Biological Diversity (“Non-Profit 22 Defendants”) will and hereby do move to specially strike the First Amended Cross-Complaint 23 (“Cross-Complaint”) of the California Independent Petroleum Association (“Petroleum 24 Association”), without leave to amend, pursuant to California Code of Civil Procedure Section 25 425.16. The Non-Profit Defendants further seek an award of their attorney fees and costs 26 associated with this motion pursuant to California Code of Civil Procedure Section 415.16(c). 27 28 1 NOTICE OF MOTION & SPECIAL MOTION TO STRIKE; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT; DECLARATION OF GLADYS LIMON IN SUPPORT 1 The Non-Profit Defendants bring this special motion to strike on the grounds that (1) the 2 Cross-Complaint, including both of the causes of action alleged against the Non-Profit 3 Defendants, arise from acts in furtherance of the Non-Profit Defendants’ right of petition or free 4 speech in connection with a public issue; and (2) the Petroleum Association cannot demonstrate 5 a probability of prevailing on either of its causes of action. 6 The movants also request that the Court award them their attorney fees and costs under 7 Code of Civil Procedure Section 425.16(c). If the Court grants this motion, the Non-Profit 8 Defendants will file a noticed motion for their fees and costs. 9 This motion is made following telephonic conferences of counsel on October 7, 2016, 10 and October 14, 2016. See Declaration of Gladys Limón ¶¶14-16. Unfortunately, those 11 conferences, which discussed the grounds for this motion, did not result in resolution. Id. 12 This motion is based on this notice of motion; the accompanying memorandum of points 13 and authorities; the declaration of Gladys Limón, as well as the exhibits attached thereto; the 14 arguments and other evidence as may be presented at or prior to the hearing on this motion; the 15 record and files in this action; and such other facts and matters of which the Court may take 16 notice. 17 DATED: November 14, 2016 Respectfully submitted, 18 19 Gladys Limón (SBN 228773) COMMUNITIES FOR A BETTER 20 ENVIRONMENT 6325 Pacific Blvd., Suite 300 21 Huntington Park, California Tel: (323) 826-9771; Fax: (323) 588-7079 22 [email protected] Attorneys for Cross-defendant 23 YOUTH FOR ENVIRONMENTAL JUSTICE 24 Adam B. Wolf (SBN 215914) PEIFFER ROSCA WOLF ABDULLAH CARR & 25 KANE 9696 Culver Blvd., Suite 301 26 Culver City, CA 90232 [email protected] 27 T: (415) 766-3545; F: (415) 402-0058 Attorneys for Cross-defendant 28 YOUTH FOR ENVIRONMENTAL JUSTICE 2 NOTICE OF MOTION & SPECIAL MOTION TO STRIKE; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT; DECLARATION OF GLADYS LIMON IN SUPPORT 1 Maya Golden-Krasner (SBN 217557) 2 THE CENTER FOR BIOLOGICAL DIVERSITY P.O. Box 1476 3 La Canada Flintridge, CA 91012 T: (213) 215-3729; F: (510) 844-7150 4 [email protected] Attorney for Cross-defendant 5 CENTER FOR BIOLOGICAL DIVERSITY 6 Kassia Siegel (SBN 209497) THE CENTER FOR BIOLOGICAL DIVERSITY 7 1212 Broadway, Suite 800 Oakland, CA 94612 8 T: 760-366-2232, F: (510) 844-7150 [email protected] 9 Attorney for Cross-defendant CENTER FOR BIOLOGICAL DIVERSITY 10 11 Deepak Gupta (pro hac vice) GUPTA WESSLER PLLC 12 1735 20th Street, NW Washington, DC 20009 13 T: (202) 888-1741; F: (202) 888-7792 Attorneys for Cross-defendant 14 SOUTH CENTRAL YOUTH LEADERSHIP COALITION 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 NOTICE OF MOTION & SPECIAL MOTION TO STRIKE; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT; DECLARATION OF GLADYS LIMON IN SUPPORT 1 TABLE OF CONTENTS 2 MEMORANDUM OF POINTS AND AUTHORITIES .................................................................1 3 I. INTRODUCTION ......................................................................................................................1 4 II. FACTUAL BACKGROUND .....................................................................................................2 5 III. MEET-AND-CONFER DISCUSSIONS CONCERNING THE PETROLEUM ASSOCIATION’S CROSS-COMPLAINT .......................................................5 6 IV. LEGAL STANDARD GOVERNING ANTI-SLAPP MOTIONS 7 PURSUANT TO CODE OF CIVIL PROCEDURE 425.16 .......................................................6 V. ARGUMENT ..............................................................................................................................7 8 A. The Petroleum Association’s Claims Arise From The Non-Profit Defendants’ Acts That 9 Were In Furtherance Of The Defendants’ Right Of Petition Or Free Speech. ............................7 B. The Petroleum Association Cannot Demonstrate A Probability That It Will Prevail On Its 10 Claims Against the Non-Profit Defendants. ................................................................................9 11 1. The Petroleum Association’s Due Process Claims Lack Merit Because The Petroleum Association Has Not Been Denied Process..............................................................................9 12 2. The Petroleum Association’s Claims Against The Non-Profit Defendants Fail Because 13 Due Process Claims Cannot Be Asserted Against A Private Party. ......................................10 3. The Petroleum Association’s Due Process Claims Are Likely to Fail Because the 14 Association Has Not Identified Any Property Interest It Has Been Denied. .........................11 15 4. The Petroleum Association Is Unlikely to Prevail For the Additional Reasons Discussed In the City’s Motion To Dismiss. .........................................................................15 16 C. The Non-Profit Defendants Are Entitled To Recover Their Fees and Costs. ....................15 17 VI. CONCLUSION ..................................................................................................................15 18 19 20 21 22 23 24 25 26 27 28 i NOTICE OF MOTION & SPECIAL MOTION TO STRIKE; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT; DECLARATION OF GLADYS LIMON IN SUPPORT 1 TABLE OF AUTHORITIES 2 3 Cases 4 1-800 Contacts, Inc. v. Steinberg (2003) 107 Cal. App. 4th 568 ................................................................................................................. 7 5 Briggs v. Eden Council for Hope & Opportunity (1999) 19 Cal. 4th 1106 .......................................................................................................................... 8 6 Cabral v. Martins (2009) 7 177 Cal. App. 4th 471 ................................................................................................................. 9 Coleman v. Dep’t of Pers. Admin. (1991) 8 52 Cal. 3d 1102 ........................................................................................................................
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