California Court of Appeal

In this case, plaintiff filed an action against defendants, alleging that defendants unlawfully sold foie gras in their restaurant in violation of Health and Safety Code section 25982. Defendants moved to strike plaintiff’s claim pursuant to the anti-SLAPP statute (Code of Civil Procedure section 425.16), and the trial court denied the motion. The judgment of the trial court is affirmed, where: 1) plaintiff has made a prima facie showing that it can satisfy the causation requirement for standing on grounds of economic injury through diversion of resources; 2) plaintiff has shown a probability of prevailing on its claim that defendants unlawfully sold foie gras; and 3) the term “sold” in section 25982 is construed to encompass serving foie gras as part of a tasting menu, regardless of whether there is a separate charge for the foie gras, whether it is listed on the menu, and whether it is characterized as a gift by the restaurant.

Appellate Information

• Decided 03/05/2015
• Published 03/05/2015

Judges

• Simons

Court

• California Court of Appeal

Counsel