Opinion

Brown v. City of Inglewood CA2/1

Court
California Court of Appeal
Filed
May 31, 2023
Status
Unpublished
Cited by
0 cases
Authority
More cited than 23.4%

The opinion

Filed 5/31/23 Brown v. City of Inglewood CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions

not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion

has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

WANDA M. BROWN, B320658

Plaintiff and Respondent, (Los Angeles County

Super. Ct. No. 21STCV30604)

v.

CITY OF INGLEWOOD et al.,

Defendants and Appellants.

APPEAL from an order of the Superior Court of

Los Angeles County, Deirdre H. Hill, Judge. Affirmed in part

and reversed in part.

Engstrom, Lipscomb & Lack, Walter J. Lack, Richard P.

Kinnan and Christopher A. Kanne for Defendants and

Appellants.

Miller Barondess, Mira Hashmall and Colin H. Rolfs for

Plaintiff and Respondent.

Respondent Wanda Brown has served as the elected

treasurer for appellant, the City of Inglewood (the City),

since 1987. Brown sued the City and several members of the

Inglewood City Council1 (the council), alleging that after she

reported concerns about financial improprieties, the City and the

individual defendants defamed and retaliated against her. She

alleged causes of action for (1) defamation; (2) violation of Labor

Code section 1102.5, subdivisions (b) and (c),2 which prohibit

retaliation against an employee based on the employee reporting

or refusing to participate in what the employee reasonably

believes to be illegal activity by the employer (the section 1102.5

retaliation claim); and (3) intentional infliction of emotional

distress (IIED), based both on the alleged retaliation and the

alleged defamation. The City and the individual defendants

filed a joint special motion to strike the complaint as a strategic

lawsuit against public participation, or SLAPP, under the anti-

SLAPP statute (Code Civ. Proc., § 425.16). The court granted

the motion in part, but denied it as to the section 1102.5

retaliation claim and the retaliation-based IIED claim against

all defendants. Defendants appeal, arguing the court incorrectly

denied the anti-SLAPP motion as to the retaliation-based claims

against the individual defendants. For reasons we discuss below,

we hold that the retaliation-based claims against the individual

defendants arise from protected conduct under the anti-SLAPP

statute, and that the court should have stricken these claims.

1 Specifically, respondents Mayor James T. Butts, Jr.,

Alex Padilla, George Dotson, Eloy Morales, and Ralph Franklin

(collectively, the individual defendants).

2Unless otherwise indicated, all unspecified statutory

references are to the Labor Code.

2

In all other respects, we affirm the court’s ruling on the

anti-SLAPP motion.

FACTS AND PROCEEDINGS BELOW

A. Brown’s Lawsuit Against Defendants

In her first amended complaint (the FAC), Brown alleged

she had “reported to [individual defendants] that she had

discovered facts indicating that [individual defendants] were

mishandling the City’s finances, including an improper payment

of nearly [$100,000] to a City [c]ontractor,” and “improperly

fail[ing] to accurately report to the public the true financial

health of the City.” She alleged that, as a result of her reporting

these concerns, defendants took various adverse actions against

her, including reducing her duties and authority as treasurer,

reducing her salary by 83 percent, taking away her seat at the

council meetings, and temporarily locking her and her staff

out of their offices. Brown further alleged that, at a council

meeting, one of the individual defendants, Mayor Butts, offered

a “defamatory pretextual reason for taking away [Brown’s] duties

and reducing her salary,” namely that she “[did] not know the

procedure for handling bad debts, [and that] he had no choice but

to reduce her duties and her salary.”

B. Defendants’ Anti-SLAPP Motion and Related

Evidence

Defendants filed a motion to strike all causes of action in

the FAC under the anti-SLAPP statute. The anti-SLAPP statute

is “designed to protect defendants from meritless lawsuits that

might chill the exercise of their rights to speak and petition on

matters of public concern. [Citations.] To that end, the statute

authorizes a special motion to strike a claim ‘arising from any

3

act of that person in furtherance of the person’s right of petition

or free speech under the United States Constitution or the

California Constitution in connection with a public issue.’

(§ 425.16, subd. (b)(1).)” (Wilson v. Cable News Network, Inc.

(2019) 7 Cal.5th 871, 883–884.) Such acts are referred to in

anti-SLAPP parlance as “protected activity.” (Park v. Board

of Trustees of California State University (2017) 2 Cal.5th 1057,

1061 (Park).)

“Litigation of an anti-SLAPP motion involves a two-step

process. First, ‘the moving defendant bears the burden of

establishing that the challenged allegations or claims “aris[e]

from” protected activity in which the defendant has engaged.’

[Citation.] Second, for each claim that does arise from protected

activity, the plaintiff must show the claim has ‘at least “minimal

merit.” ’ [Citation.] If the plaintiff cannot make this showing,

the court will strike the claim.” (Bonni v. St. Joseph Health

System (2021) 11 Cal.5th 995, 1009 (Bonni).)

Defendants’ motion argued the FAC alleged claims

arising from conduct that falls into two of the statutorily

enumerated categories of protected activity: “any written or

oral statement[s] or writing made in connection with an issue

under consideration or review by a legislative, executive, or

judicial body, or any other official proceeding authorized by law”

(§ 425.16, subd. (e)(2)), and “any other conduct in furtherance

of the exercise of the constitutional right of petition or the

constitutional right of free speech in connection with a public

issue or an issue of public interest.” (§ 425.16, subd. (e)(4).)

Specifically, the motion argued that each of Brown’s claims

arose from voting and other legislative actions of the individual

defendants and statements they made at the council meetings

4

in connection therewith. Defendants’ motion further argued that,

for various reasons, Brown could not demonstrate that her claims

had minimal merit, including that the claims were barred by

government discretionary act immunity, that section 1102.5 does

not permit individual liability, and that Brown was neither an

“employee” for purposes of section 1102.5, nor had she reported

conduct that she reasonably suspected to be illegal, both of which

are required under section 1102.5.

1. Evidence in support of and opposition to

the anti-SLAPP motion

Defendants primarily supported their anti-SLAPP motion

with the following evidence: (1) excerpts from the City charter

and Municipal Code; (2) City ordinances and a City policy

adopted by a vote of the individual defendants that, collectively,

reduced Brown’s salary, investment authority, and duties, as

alleged in the FAC; (3) excerpts of transcripts from various

council meetings, including excerpts reflecting council votes

passing the relevant ordinances and policy;3 and (4) declarations.

3 At Brown’s request, the court took judicial notice of the

first two categories of documents listed above, but declined to

take judicial notice of the council meeting transcripts. On appeal,

defendants contend this ruling was in error, and Brown raises

no argument to the contrary. We need not resolve this issue,

however, because regardless of whether the court erred in

partially denying the request for judicial notice, the transcripts

were attached to a declaration in support of the motion, and the

anti-SLAPP statute expressly requires that, in its anti-SLAPP

analysis, the court “shall consider the pleadings, and supporting

and opposing affidavits stating the facts upon which the liability

or defense is based.” (Code Civ. Proc., § 425.16, subd. (b)(2).)

5

Under the City charter, the council is the City’s legislative

body, and all powers of the City are vested in and exercised

by the council, which consists of the mayor and four council

members. The City treasurer is not a member of the council.

Council meetings are open to the public. The council has the

authority to “establish rules and regulations for the conduct of

its proceedings” and the mayor is “responsible for maintaining

the order and decorum of meetings.” The mayor, council

members, clerk, and treasurer are all publicly elected. The

council has the authority to fix the compensation of any City

officer except the mayor and council members.

In fall 2022, the council passed two ordinances included

in the documents supporting the anti-SLAPP motion. First,

in September 2022, it passed Ordinance No. 20-16 regarding

“Assignment of City Duties” that, inter alia, transferred general

auditor responsibilities once held by the treasurer to the City

clerk, reduced the maximum amount of funds the treasurer

was permitted to manage to $50,000, and adopted a revised

investment policy.4 In October 2022, it passed a second

ordinance, “Salary Ordinance for Fiscal Year 2020–2021,”

which adjusted the salaries of a number of positions, including

the treasurer’s salary, which it reduced by over 80 percent as

compared to the previous year.

Declarations from defendant Mayor Butts and the City’s

manager, Artie Fields, addressed allegations in the FAC that

Butts had denied Brown a seat on the dais during council

meetings and that the individual defendants had blocked

Brown’s access to her office. Butts’s declaration stated that

4 The defendants also submitted the policy itself in support

of the anti-SLAPP motion.

6

the City treasurer “is not a member of the . . . council and so

has no standing to sit on the dais during meetings of the . . .

council,” but that “a previous mayor had decided to let the

treasurer have a seat on the dais during meetings, and [Butts]

[had initially] continued that practice.” (Capitalization omitted.)

Butts continued that, in early 2020, Brown “began to disrupt

meetings of the . . . council” and in July 2020 Butts “exercised

[his] discretion as chair of the council and revoked the privilege

of the treasurer to be seated at the dais during meetings of

the . . . council.” (Capitalization omitted.)

The Fields declaration stated that, in October 2020,

“Brown’s proximity badge was deactivated because she had

failed to present a negative COVID-19 test confirmation to the

[C]ity, as required” and, as a result, Brown was locked out of

her office at City Hall. Fields declared “[t]his same action was

taken as to all personnel that did not provide a negative test

confirmation. . . . Brown’s proximity badge was reactivated once

she provided a negative test confirmation.”

The transcripts from council meetings reflect the votes

by the individual defendants adopting the ordinances and

policy noted above, Butts’s allegedly defamatory statements,

and Brown’s statements criticizing the council and Butts.

In opposing the defendants’ anti-SLAPP motion, Brown

submitted, inter alia, a declaration and supporting exhibits in

an effort to establish her status as an “employee” for purposes

of section 1102.5. Specifically, Brown offered W-2 federal tax

forms she had received from the City, which identify her as an

“[e]mployee[ ]” and her biweekly pay stub, which identifies

various employee benefits such as health benefits and

7

reflects a deduction from her regular earnings for “workers[’]

comp[ensation].” (Boldface and capitalization omitted.)

2. Court’s ruling on anti-SLAPP motion

The court granted the defendants’ anti-SLAPP motion

with respect to the defamation claim and the defamation-based

portion of the IIED claim. The court denied the motion as to the

section 1102.5 retaliation claim and retaliation-based portion of

the IIED claim, finding these claims did not arise from “protected

activity.” The trial court explained, “[T]he individual defendants’

conduct in their decision making or voting is not the gravamen

of the [retaliation] claim.” The trial court concluded that,

instead, “the activities upon which the claim rests, which are

adverse actions, are the reduction in her salary and duties and

being locked out of her office and computer.”

Defendants timely appealed the court’s partial denial of

their anti-SLAPP motion.

C. Additional Procedural History

Defendants also filed a demurrer to the FAC, which the

court heard on the same day as the anti-SLAPP motion. The trial

court sustained defendants’ demurrer with leave to amend as to

the claims that remained in litigation following the court’s anti-

SLAPP ruling (section 1102.5 retaliation claim and retaliation-

based IIED claim). In so ruling, the court concluded that the

FAC did not sufficiently allege that Brown had “disclosed to a

person with authority over her or to an employee with authority

to investigate a concern that certain illegal activity had occurred,

and that she had a reasonable belief that Mayor Butts[ ] violated

[the] law,” a necessary element of Brown’s section 1102.5 claim.

The court further concluded that the remaining retaliation-based

8

IIED claim was derivative of the retaliation claim and failed

for similar reasons, in addition to being barred because the

Workers’ Compensation Act (§ 3200 et seq.) provides the

exclusive remedy for any such injury.5 (See § 3601, subd. (a)

[workers’ compensation is “the exclusive remedy for injury or

death of an employee against any other employee of the employer

acting within the scope of his or her employment”].)

Following the demurrer ruling, Brown voluntarily

dismissed (without prejudice) defendants Dotson, Padilla,

Franklin, and Morales and filed a second amended complaint

asserting her claims under section 1102.5 and for retaliation-

based IIED against the City and Butts.

DISCUSSION

Defendants argue that the trial court reversibly erred

in denying their anti-SLAPP motion as to the retaliation-

based causes of action against the individual defendants.

Our review is de novo. (Sylmar Air Conditioning v. Pueblo

Contracting Services, Inc. (2004) 122 Cal.App.4th 1049, 1056.)

A. Anti-SLAPP Analytical Framework

In the first step in the anti-SLAPP analysis, the moving

defendant bears the burden of “identify[ing] what acts each

5 The court also addressed arguments, likewise raised

on appeal in connection with the second prong of the anti-

SLAPP analysis, that the retaliation-based claims were

barred by discretionary act immunity under Government Code

section 820.2 and government act immunity under Government

Code section 821. Finally, the court noted that the case law

was unclear as to whether section 1102.5 provided a basis for

imposing liability on an individual, nonemployer defendant.

9

challenged claim rests on and to show how those acts are

protected under a statutorily defined category of protected

activity.” (Bonni, supra, 11 Cal.5th at p. 1009.) If the court

determines that relief is sought “based on allegations arising

from activity protected by the statute, the second step is

reached” (Baral v. Schnitt (2016) 1 Cal.5th 376, 396 (Baral)),

and “the burden shifts to the plaintiff to demonstrate that each

challenged claim based on protected activity is legally sufficient

and factually substantiated.” (Ibid.) This step involves a

“summary-judgment-like procedure.” (Varian Medical Systems,

Inc. v. Delfino (2005) 35 Cal.4th 180, 192.) If the plaintiff fails

to make the requisite showing to support the claim, “the claim

is stricken.” (Baral, supra, at p. 396.)

B. The Retaliation-Based Claims Against the

Individual Defendants Arise from Protected

Activity (Anti-SLAPP Analysis Step One)

1. Identifying protected activity

We agree that the individual defendants’ votes adopting

two ordinances and a policy that, collectively, required the

allegedly retaliatory reduction in Brown’s salary, authority and

duties, are protected activity. The California Supreme Court

held in City of Montebello v. Vasquez (2016) 1 Cal.5th 409 that,

because “votes taken after a public hearing qualify as acts in

furtherance of constitutionally protected activity” (id. at p. 427,

italics omitted), “elected officials may assert the protection of

[the anti-SLAPP statute] when sued over how they voted.” (Ibid.,

italics added; id. at pp. 422–423 [in lawsuit against individual

council members, “the council members’ votes, as well as

statements made in the course of their deliberations at the city

council meeting where the votes were taken, qualify as ‘any

10

written or oral statement or writing made before a legislative . . .

proceeding.’ (§ 425.16, subd. (e)(1).)”].) Brown, however, argues

that we should recharacterize this activity as the individual

defendants effectively reducing her salary, authorities and

duties. But the individual defendants have no legal ability to

change the scope of Brown’s salary, authority, or duties; they

can only vote on ordinances and policies on these topics. After

the council passes an ordinance or adopts a policy, the acts

implementing the ordinance or policy—for example, actually

paying the treasurer less or permitting her to invest less money—

are acts of the City, not of the individual council members. Thus,

under Vasquez, the individual defendants’ involvement in the

reduction of Brown’s salary, authority, and duties consisted solely

of the protected act of voting at council meetings.

The case on which Brown primarily relies in arguing to

the contrary, Whitehall v. County of San Bernardino (2017) 17

Cal.App.5th 352 (Whitehall), is inapposite, because it addresses

an anti-SLAPP motion to strike claims against a public entity,

not claims against individual public officials. In Whitehall,

the court concluded that a retaliation claim against the County

based on the County’s allegedly retaliatory act of placing an

employee on leave did not arise from protected activity, even

though the County supervisor’s investigation that preceded

the leave was protected activity. (Id. at p. 362.) The court

in Whitehall explained that the “act of placing plaintiff on

administrative leave, with the intention of firing her, did not

arise from the County’s protected activity. . . . Had plaintiff

sued the specific supervisors who conducted the investigation

on behalf of the County, a clear case of a SLAPP suit would

have been established. But plaintiff challenged the retaliatory

11

employment decision, not the process that led up to that point.

The County’s act of placing plaintiff on administrative leave, with

the intention of terminating her employment, was not an exercise

of its petitioning or free speech rights.” (Ibid., italics added.)

Because the only portion of the anti-SLAPP ruling at issue on

appeal involves claims against the individual defendants, not

the City, Whitehall is of no assistance to Brown.

Thus, the individual defendants’ role in reducing Brown’s

salary and job duties was protected activity.

2. “Arising from” analysis

We further conclude that the retaliation-based claims

against the individual defendants arise from the individual

defendants’ protected voting activity, as opposed to that activity

“merely provid[ing] context” for those claims. (Baral, supra,

1 Cal.5th at p. 394.) To determine whether a claim arises

from protected activity, we consider whether the protected

activity is necessary to satisfy any of the elements of the claim.

(Park, supra, 2 Cal.5th at p. 1063.) One element of Brown’s

section 1102.5 claim is that defendants took an “ ‘ “adverse

employment action” ’ ” against her as retaliation for her reporting

concerns about financial improprieties. (Morgan v. Regents of

University of California (2000) 88 Cal.App.4th 52, 69 [reciting

elements of section 1102.5 claim]; see § 1102.5, subds. (b) & (c).)

Brown alleges that the same allegedly retaliatory adverse actions

also satisfy the “ ‘ “extreme and outrageous conduct” ’ ” element

of her IIED claim. (Unterberger v. Red Bull North America, Inc.

(2008) 162 Cal.App.4th 414, 423 (Unterberger).) Through the

retaliation-based claims against the individual defendants,

Brown alleges such adverse action and extreme and outrageous

conduct primarily consisted of the City’s reduction in her salary,

12

duties, and authority, something the individual defendants only

engaged in via protected voting activity.

Brown also alleges the individual defendants engaged in

retaliatory adverse actions and “extreme and outrageous conduct”

by removing Brown from the dais at council meetings, such that

even if the individual defendants’ voting conduct is protected

activity, she need not rely on it to satisfy these elements of her

claims. But removal from the dais cannot alone satisfy these

elements of Brown’s claims, because it is not sufficiently material

(see Yanowitz v. L’Oreal USA, Inc. (2005) 36 Cal.4th 1028,

1036 [defining an adverse employment action for purposes of

a retaliation claim under the California Fair Employment and

Housing Act (the FEHA) as requiring that the adverse action

“materially affect[ ] the terms and conditions of employment”]),6

and it is not an action “ ‘ “so extreme as to exceed all bounds of

that usually tolerated in a civilized community.” ’ ” (Unterberger,

supra, 162 Cal.App.4th at p. 423.) Thus, Brown must rely on the

protected voting activity of the individual defendants discussed

above to satisfy these elements of her retaliation-based claims

against the individual defendants, meaning the claims arise

6 Although this definition was developed in the context of

FEHA retaliation, courts apply it in the context of section 1102.5

claims as well. (See Malais v. Los Angeles City Fire Dept. (2007)

150 Cal.App.4th 350, 357 [applying FEHA definition of adverse

employment action to a section 1102.5 claim, and noting that

“[m]inor or relatively trivial adverse actions . . . that, from an

objective perspective, are reasonably likely to do no more than

anger or upset an employee . . . are not actionable”].)

13

from protected activity.7 (Park, supra, 2 Cal.5th at p. 1063.)

Accordingly, we analyze these claims under the second step of

the anti-SLAPP framework.

C. Legal Sufficiency of Retaliation-Based Claims

Against Individual Defendants (Anti-SLAPP

Analysis Step Two)

In the second step of the anti-SLAPP analysis, we consider

whether Brown has “ ‘ “ ‘demonstrate[d] that [the retaliation-

based claims against the individual defendants] [are] both legally

sufficient and supported by a sufficient prima facie showing of

facts to sustain a favorable judgment if the evidence submitted

by the plaintiff is credited.’ ” ’ ” (Monster Energy Co. v. Schechter

(2019) 7 Cal.5th 781, 791.)

1. Section 1102.5 retaliation claim against

individual defendants

Defendants argue that the section 1102.5 retaliation claim

is not legally sufficient, because Brown is not an “employee” for

the purposes of that statute. We agree.

Brown alleges the individual defendants violated

subdivisions (b) and (c) of section 1102.5. By their own terms,

these sections protect only “employee[s]” from certain types of

retaliation by “[a]n employer, or any person acting on behalf

of the employer.” (§ 1102.5, subds. (b) & (c).) Section 1106

addresses the definition of the term “employee” in this context:

“For purposes of Section[ ] 1102.5 [and other enumerated

7 Because the removal of Brown from the dais was not

sufficiently material, we need not and do not consider whether, as

defendants argue, removing Brown from the dais was protected

activity as well.

14

sections] ‘employee’ includes, but is not limited to, any individual

employed by . . . any . . . city.” (§ 1106.) Notably, the Legislature

did not reference elected officials as falling within the scope

of the term “employee” for the purposes of section 1102.5. Yet

when the Legislature intended to include elected officials within

the scope of the term “employee” elsewhere in the code—namely,

in defining the term for purposes of workers’ compensation—

the Legislature expressly defined the term “ ‘[e]mployee’ . . .

[to] include . . . [¶] . . . [¶] . . . [a]ll elected . . . paid public

officers.” (§ 3351, subd. (b) [section of Workers’ Compensation

Act providing: “ ‘Employee’ means every person in the service

of an employer under any appointment or contract of hire or

apprenticeship, express or implied, oral or written, whether

lawfully or unlawfully employed, and includes . . . [¶] . . . [¶] . . .

[a]ll elected and appointed paid public officers”].) The plain

language of these statutes thus unambiguously includes “elected

officials” in the definition of “employee” for purposes of workers’

compensation, but not within the definition of “employee” for

purposes of section 1102.5. Because the plain language of a

statute is the best indication of the Legislature’s intent (see

Wilcox v. Birtwhistle (1999) 21 Cal.4th 973, 977 (Wilcox)), this

language reflects the Legislature’s decision to provide elected

officials the benefits of the Workers’ Compensation Act, but to

deny them the protections of section 1102.5.

Brown argues that “[i]t is reasonable and sensible for

California courts to . . . classify elected officials as employees

[under section 1102.5],” just as the California Legislature did in

the context of workers’ compensation and the Internal Revenue

Service does for purposes of federal tax law. (See 26 U.S.C.

§ 3401(c) [defining “employee” under the Internal Revenue

15

Code to include “an officer, employee, or elected official”].)

This argument flies in the face of basic maxims of statutory

interpretation, because it asks us to interlineate section 1106

with words that the Legislature chose not to include—words

which, based on section 3351, the Legislature is clearly capable

of employing. (See Blankenship v. Allstate Ins. Co. (2010) 186

Cal.App.4th 87, 94 [“the Legislature’s omission of a term in a list

of terms indicates the Legislature did not intend to include the

omitted term”].)

Brown also urges us to look to case law defining “employee”

for the purposes of section 1102.5, specifically cases incorporating

the “common law definition of employee” for this purpose.

(Bennett v. Rancho California Water Dist. (2019) 35 Cal.App.5th

908, 927.) We need not resort to judicial interpretations of the

definition the Legislature provided when that definition is clear

and unambiguous. (See Wilcox, supra, 21 Cal.4th at p. 977

[plain, unambiguous language of a statute is the best indicator

of legislative intent in statutory interpretation].) Accordingly,

Brown’s section 1102.5 retaliation claim against the individual

defendants fails the second prong of the anti-SLAPP analysis,

and the court erred in denying the anti-SLAPP motion as to that

claim.

2. Retaliation-based IIED claim against the

individual defendants

Brown’s IIED claim against the individual defendants fails

as a matter of law, because it is “ ‘subsumed under the exclusive

remedy provisions of workers’ compensation.’ ” (Miklosy v.

Regents of University of California (2008) 44 Cal.4th 876, 902.)

As noted above, unlike the definition of “employee” for purposes

of section 1102.5, the definition of “employee” for purposes of

16

workers’ compensation includes “[a]ll elected . . . paid public

officers.” (§ 3351, subd. (b).) Where, as here, purportedly

wrongful conduct occurred at the worksite in the normal course,

“workers’ compensation is plaintiffs’ exclusive remedy for any

injury that may have resulted.” (Miklosy, supra, at p. 902.)

Because we conclude the retaliation-based IIED claim against

the individual defendants is not viable on this basis, we need not

reach the other bases raised by the parties.

17

DISPOSITION

The court’s order on defendants’ anti-SLAPP motion

is reversed to the extent it denies the motion as to Brown’s

section 1102.5 retaliation claim against the individual defendants

and Brown’s retaliation-based IIED claim against the individual

defendants. In all other respects, the order regarding the

anti-SLAPP motion is affirmed.

The parties shall bear their own costs on appeal.

NOT TO BE PUBLISHED.

ROTHSCHILD, P. J.

We concur:

BENDIX, J.

WEINGART, J.

18

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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