![]() Allegations of the Complaint The operative complaint is the first amended complaint. The trial court denied the motions, concluding that the allegations against the moving defendants were actually based on a conspiracy to commit assault and other torts. Proc., § 425.16), arguing that the allegations against them were based on protected speech and petitioning activity. Two of those members filed motions to dismiss under the anti-SLAPP law (Code Civ. They brought suit against the Bay Boys and more than a dozen of its individual members. Plaintiffs are non-locals who have tried to surf Lunada Bay, but encountered harassment by the Bay Boys. One of their tenets is to keep outsiders away from the surf location through threats and violence. The Lunada Bay Boys are alleged to be a group of young and middle-aged men, local to Palos Verdes Estates, who consider themselves to be the self-appointed guardians of Lunada Bay. _ Lunada Bay is a premier surf spot, located in Palos Verdes Estates. Casarrubias Otten Law and Victor Otten for Plaintiffs and Respondents Corey Spencer, Diana Milena Smoluchowska-Miernik and Coastal Protection Rangers, Inc. Beffa for Defendant and Appellant Charlie Mowat. Rotstan for Defendant and Appellant Michael Thiel. Jeff Lewis Law, Jeffrey Lewis and Sean C. APPEAL from a judgment of the Superior Court of Los Angeles County, Carolyn Kuhl, Judge. CHARLIE MOWAT et al., Defendants and Appellants. The court concluded that none of the actions are protected speech or petitioning activity.įiled 3/24/20 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE COREY SPENCER et al., Plaintiffs and Respondents, B295738 (Los Angeles County Super. The court focused on the tortious acts in which defendants are alleged to have conspired – the harassment of non-locals, the trail-obstructing, the rock-throwing, the running over with surfboards, the punching, the theft, the vandalism, the sexual harassment, the threats, and the intimidation. In this case, the causes of action against Thiel and Mowat are pursued on a theory of conspiracy – conspiracy being a doctrine of liability and not a cause of action itself. The Court of Appeal affirmed the trial court's denial of Defendant Thiel and Mowat's anti-SLAPP motions, holding that defendants failed to establish that the cause of action arose from protected activity. Plaintiffs filed suit against the Lunada Bay Boys, alleging that defendants, sometimes with the tacit approval of city officials who did nothing to stop them, engaged in what is known as "localism" – a practice of keeping outsiders away from the surf site through threats and violence.
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