California Court of Appeal

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People ex rel. Gallegos v. Pacific Lumber Co., A112028

In suit brought under California's Unfair Competition Law for alleged fraudulent business practices, sustaining of demurrer is affirmed over claims that the trial court erred by: 1) applying the litigation privilege under Civil Code section 47(b) and the Noerr-Pennington doctrine under federal law to defendant's alleged wrongful conduct in connection with the CEQA administrative process; and 2) deciding on demurrer as a matter of law that defendant's alleged material concealments and misrepresentations did not undermine the legitimacy of that process.

Appellate Information

  • Decided 01/10/2008
  • Published 01/10/2008

Judges

  • HORNER, J.*

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Paul V. Gallegos, District Attorney Humboldt County, Christa K. McKimmy, Deputy District Attorney, Humboldt County, for Appellant., Dennis J. Herrera, City Attorney, Danny Chou, Chief of Appellate Litigation, for Amicus Curiae.

  • For Appellees:
  • Edgar B. Washburn, Christopher J. Carr, William M. Sloan, Shaye Diveley, Morrison & Foerster LLP, San Francisco, for Respondent.
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