Cordoba Corp. v. City of Industry
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The City of Industry sued Cordoba Corporation, among others, after uncovering allegedly fraudulent billings for a solar energy development. Cordoba filed a cross-complaint, but the trial court granted the City’s special motion to strike it as a strategic lawsuit against public participation (Code Civ. Proc., Section 425.16), or anti-SLAPP motion.
The Second Appellate District affirmed the order. The court explained that Cordoba does not deny filing a lawsuit is protected activity. Instead, it argues its three causes of action arise not from the City’s petitioning activity, but from the City’s noncompliance with its contractual obligations. The court wrote that this is a distinction without a difference. Further, the court explained that the court properly struck Cordoba’s breach of contract claim because the conduct Cordoba attacked was protected petitioning activity. Moreover, the court held that Cordoba cannot satisfy its burden because each of its three causes of action fails to state a valid claim.
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