California Court of Appeal

In an action challenging initiatives that proposed rolling back increases in plaintiff's water and sewer rates, the trial court's denial of defendants' SLAPP motion is affirmed, where: 1) plaintiff's claim does arise out of protected activity; but 2) plaintiff showed a probability of prevailing on at least one of its theories, that the initiatives would set plaintiff's rates too low to cover its costs, in violation of Water Code section 31007; and 3) the voters of a local district cannot override this statewide requirement.

Appellate Information

• Decided 08/07/2013
• Published 08/07/2013

Judges

• RICHLI

Court

• California Court of Appeal

Counsel