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).
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