California Court of Appeal

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MORAGA-ORINDA FIRE PROT. DIST. v. WEIR (MORAGA DEL REY HOMEWONERS ASS'N), A101235

Trial court erred by failing to award attorney's fees to the real parties in interest per the anti-SLAPP statute. A voter pamphlet is a public forum involving issues of public interest, and plaintiffs, having failed to present a viable petition challenging the statements in the voter pamphlet, or to appeal the court's dismissal of their petition on procedural grounds, had no chance of success.

Appellate Information

  • Decided 01/29/2004
  • Published 01/29/2004

Judges

  • PARRILLI, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  •  James H. Fleming, Walnut Creek, Kevin W. Wheelwright, Pleasanton;  Fleming & Phillips, for Appellant., John A. Ramirez, Costa Mesa, Michael R.W. Houston;  Rutan & Tucker, for Amicus Curiae, California League of Cities.

  • For Appellees:
  • William D. Ross, Los Angeles, Lisabeth D. Rothman, Diane C. DeFelice, Los Angeles, for Respondent., No appearance for Defendants and Respondents.
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