From The Earth v. City of Commerce CA2/7
The City of Commerce (the City) denied several commercial cannabis licenses to From The Earth, LLC after From The Earth refused to participate in an alleged extortion and kickback scheme operated by a cannabis lobbyist who was colluding with City officials. From The Earth sued alleging the City violated the equal protection clause of the Fourteenth Amendment by denying From The Earth’s license application on pretextual grounds while approving cannabis licenses for other similar applicants. The City filed a special motion to strike under Code of Civil Procedure section 425.16 (an anti-SLAPP motion) arguing that “communicative activity constituting a conspiracy” by the City in connection with a public issue qualified as “protected activity” under the anti-SLAPP statute. The trial court denied the motion finding From The Earth’s suit did not arise from protected activity. The City timely appealed. We affirm.
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