California Court of Appeal
CKE Restaurants, Inc. v. Moore, B197077
In a declaratory relief action brought by an operator of fast food outlets including Carl's Jr. against respondents requesting a determination of whether operator's food products complied with Proposition 65, grant of respondents' motion to strike the complaint under the anti-SLAPP statute is affirmed where: 1) petitioner's action arose from respondents' protected activity of filing the Proposition 65 notice and was properly subject to a motion to strike; and 2) petitioner was unable to meet its burden of demonstrating a probability of prevailing on its claim.
Appellate Information
- Decided 01/24/2008
- Published 01/24/2008
Judges
- COFFEE, J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- Call, Jensen & Ferrell, Scott J. Ferrell, Melinda Evans, Newport Beach, Scot D. Wilson; Mullen & Henzell, Lawrence T. Sorensen, Santa Barbara, for Plaintiff and Appellant.
- For Appellees:
- Ropers, Majeski, Kohn & Bentley, Thomas H. Clarke, Jr., Terry Anastassiou, Timothy A. Dolan, San Francisco, for Defendants and Respondents.