California Court of Appeal

A city council member did not violate City Charter section 6.10 by speaking with city planning department employees on behalf of a constituent to inquire about a structure built on a neighbor's property; an injunction to prevent such communication violates the First Amendment. The complaint is struck under the Strategic Lawsuit Against Public Participation statute.

Appellate Information

• Decided 01/20/2004
• Published 01/20/2004

Judges

• GILBERT, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• No appearance for Real Party in Interest.


• For Appellees:
  
•  Marsha Jones Moutrie, City Attorney, Joseph Lawrence, Assistant City Attorney, Cara E. Silver, Deputy City Attorney for Defendants and Appellants., Bannan, Green, Frank & Terzian and Richard R. Terzian, Los Angeles, for the Cities of Burbank, Cathedral City, Fresno, Hermosa Beach, Newport Beach, Riverside,  Sonoma, Torrance and West Hollywood as Amici Curiae on behalf of Defendants and Appellants., Harding, Larmore, Kutcher & Kozal, Christopher M. Harding, Kenneth L. Kutcher, Santa Monica;  Isaacs, Clouse & Crose, James B. Isaacs, Jr., Santa Monica, and John A. Crose, Jr., for Plaintiffs and Respondents.