Is a "real party in interest" in a mandamus proceeding a "person" against whom a claim is asserted for purposes of the anti-SLAPP statute?

California, United States of America


The following excerpt is from Rudisill v. Cal. Coastal Comm'n, 247 Cal.Rptr.3d 840, 35 Cal.App.5th 1062 (Cal. App. 2019):

Applying these principles, a reasonable attorney could have concluded that the Petition asserted a claim or claims against Real Parties for purposes of the anti-SLAPP statute.4 The issue of whether a real party in interest in a mandamus proceeding is a "person" against whom a claim is asserted for purposes of the anti-SLAPP statute has apparently not been addressed in any reported decision. However, as Petitioners acknowledge, by definition a "real party in interest" in a mandamus proceeding is a " "person or entity whose interest will be directly affected by the proceeding." " ( Redevelopment Agency v. Commission on State Mandates (1996) 43 Cal.App.4th 1188, 1197, 51 Cal.Rptr.2d 100, quoting Sonoma County Nuclear Free Zone '86 v. Superior Court (1987) 189 Cal.App.3d 167, 173, 234 Cal.Rptr. 357.) By identifying Real Parties in their Petition as real parties in interest, Petitioners therefore necessarily alleged that Real Parties had a direct interest in the proceedings. In light of that alleged direct interest, a reasonable attorney could have concluded that, as a matter of law, Real Parties were "persons" against whom a claim was asserted under section 425.16, subdivision (b)(1).

Other Questions


When a personal representative is substituted as a party to a personal injury action, is the personal representative required to present a claim under section 709 of the California Motor Vehicle Act? (California, United States of America)
What is the burden of proof against a party who is not the party asserting the claim? (California, United States of America)
Can a personal representative assert the bar arising from failure to file or present a claim within the time prescribed by statute? (California, United States of America)
Can a party assert a claim against a trustee in the personal capacity or in the representative capacity? (California, United States of America)
Is there a distinction between a person who has a possessory interest in real property and who has not a right to possession of real property? (California, United States of America)
When an arbitration agreement requires the parties to share the costs of arbitration, does the court have jurisdiction to order that party to waive its right to arbitrate the other party's claim? (California, United States of America)
What is the statute of limitations for a sexual assault claim brought by a victim who was molested by a third party party? (California, United States of America)
What is the test for determining whether a person is "socially situated" for purposes of a claim under the California Civil Rights Act? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Does the exclusionary rule applicable to a claim of self-incrimination apply when a third party's statement is assertedly involuntary? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.