1550 Laurel Owner's Ass'n, Inc. v. Appellate Div. of the Superior Court of L. A. Cnty.

The appellate division reasoned that special motions to strike under section 425.16 are permitted in limited civil cases because such motions are not "motions to strike" within the meaning of section 92(d). The appellate

section 472, which allows a party to amend its pleadings once without leave of court, states it does not apply to a special motion to strike brought under section 425.16. (Stats. 2017, ch. 273, § 3; § 472, subd. (b).) It therefore follows that had the Legislature intended to exclude special motions to strike from section 92(d) 's limitation on motions to strike that are allowed in limited civil cases, it would have so provided. In the absence of limiting language such as in section 435.5, section 439, and section 472, we presume that notwithstanding section 425.16, the Legislature intended that section 92(d) continue to bar all motions to strike, with the exception of motions to strike that are brought "on the ground that the damages or relief sought are not supported by the allegations of the complaint." ( § 92(d).)

The Legislature's approach to appeals from orders granting or denying special motions to strike is also instructive. In 1999, section 425.16 and section 904.1 were amended to "provide that an appeal may be taken directly from an order granting or denying such a special motion to strike to the court of appeal , as specified." (Stats. 1999, ch. 960, Legis. Counsel's Dig., Assem. Bill No. 1675 (1999-2000 Reg. Sess.), italics added.) Subdivision ( i ) of section 425.16 now states that "[a]n order granting or denying a special motion to strike shall be appealable under Section 904.1," and consistent therewith, section 904.1, subdivision (a)(13) provides that in an unlimited civil case, such an order may be appealed to the Court of Appeal. However, nothing in section 425.16 provides for an order on an anti-SLAPP motion in a limited civil case to be appealed to the appellate division under section 904.2, and section 904.2, which lists the appeals that may be taken in a limited civil case to the appellate division of the superior court, likewise does not provide for an appeal of an order granting or denying a special motion to strike. If anti-SLAPP motions could be brought in limited

motions may not be brought in such cases.

Further, the appellate division's conclusion that a special motion to strike is not a motion to strike governed by section 92(d) is at odds with the Supreme Court's reasoning in Baral , supra , 1 Cal.5th 376 , 205 Cal.Rptr.3d 475 , 376 P.3d 604 . Baral addressed mixed causes of action, i.e., causes of action that allege both protected and unprotected activity, and it concluded that section 425.16 may be used to strike discrete allegations of protected activity within a cause of action, without striking an entire cause of action. ( 1 Cal.5th at pp. 381-382, 205 Cal.Rptr.3d 475 , 376 P.3d 604 .) Baral explained: "[T]he Legislature's choice of the term 'motion to strike' reflects the understanding that an anti-SLAPP motion, like a conventional motion to strike, may be used to attack parts of a count as pleaded . ( § 425.16(b)(1) ; Cho [ v. Chang (2013) ] 219 Cal.App.4th [521,] 527 [ 161 Cal.Rptr.3d 846 ] ; Wallace [ v. McCubbin (2011) ] 196 Cal.App.4th [1169,] 1205, fn. 19 [ 128 Cal.Rptr.3d 205 ] ; see § 435, subd. (b)(1) [motion to strike applies to 'the whole or any part' of a pleading], § 436, subd. (a) [ court may ' [ s ] trike out any irrelevant, false, or improper matter ']; PH II, Inc. v. Superior Court (1995) 33 Cal.App.4th 1680 , 1682, 40 Cal.Rptr.2d 169 [defective portion of a cause of action is subject to a conventional motion to strike].) The bench and bar are used to thinking of motions to strike as a way of challenging particular

but left unchanged section 92(d) 's restriction on motions to strike that may be brought in limited civil cases.

D. Construing Section 92(d) as Barring Anti-SLAPP Motions in Limited Civil Cases is Also in Harmony With the Public Policy of Economic Litigation in Such Cases

We also make the observation that construing section 92(d) to preclude special motions to strike in limited civil cases is consistent with economic litigation procedures for such cases ( Snukal v. Flightways Manufacturing, Inc . (2000) 23 Cal.4th 754 , 763, fn. 2, 98 Cal.Rptr.2d 1 , 3 P.3d 286 ; 2 Witkin, Cal. Procedure (5th ed. 2008) Courts, § 250 et seq., p. 340 et seq.),

violated section 92(d), which states that in a limited civil case, "[m]otions to strike are allowed only on the ground that the damages or relief sought are not supported by the allegations of the complaint."

The trial court denied Munshi's special motion to strike, concluding that a special motion to strike is not permitted in a limited civil case.

Munshi challenged the trial court's order by way of a petition for writ of mandate to the appellate division of the superior court. The appellate division granted the petition,

" 'As in any case involving statutory interpretation, our fundamental task here is to determine the Legislature's intent so as to effectuate the law's purpose.' ( People v. Murphy (2001) 25 Cal.4th 136 , 142 [ 105 Cal.Rptr.2d 387 , 19 P.3d 1129 ].) We begin by examining the statutory language because the words of a statute are generally the most reliable indicator of legislative intent. ( People v. Watson (2007) 42 Cal.4th 822 , 828 [ 68 Cal.Rptr.3d 769 , 171 P.3d 1101 ] ; Hsu v. Abbara (1995) 9 Cal.4th 863 , 871 [ 39 Cal.Rptr.2d 824 , 891 P.2d 804 ].) We give the words of the statute their ordinary and usual meaning and view them in their statutory context. ( People v. Watson , supra , at p. 828 [ 68 Cal.Rptr.3d 769 , 171 P.3d 1101 ].) We harmonize the various parts of the enactment by considering them in the context of the statutory framework as a whole. ( People v. Cole (2006) 38 Cal.4th 964 , 975 [ 44 Cal.Rptr.3d 261 , 135 P.3d 669 ] ; Cummins, Inc. v. Superior Court (2005) 36 Cal.4th 478 , 487 [ 30 Cal.Rptr.3d 823 , 115 P.3d 98 ].) 'If the statute's text evinces an unmistakable plain meaning, we need go no further.' ( Beal Bank, SSB v. Arter & Hadden, LLP (2007) 42 Cal.4th 503 , 508 [ 66 Cal.Rptr.3d 52 , 167 P.3d 666 ].)" ( In re C.H . (2011) 53 Cal.4th 94 , 100, 133 Cal.Rptr.3d 573 , 264 P.3d 357 .) " 'Ultimately we choose the construction that comports most closely with the apparent intent of the lawmakers, with a view to promoting rather than defeating the general purpose of the statute.' ( Allen v. Sully-Miller Contracting Co . (2002) 28 Cal.4th 222 , 227 [ 120 Cal.Rptr.2d 795 , 47 P.3d 639 ].)" (

Limited civil cases are governed by the rules of civil procedure generally applicable to all civil actions (§ 90), "[ e ] xcept as otherwise provided " by sections 90-100. (§ 91, subd. (a), italics added.) These sections generally streamline the litigation process by, inter alia, limiting permissible pleadings and motions (§ 92), limiting pretrial discovery (§ 94), and permitting the presentation of evidence by affidavits or declarations in lieu of live testimony (§ 98).

As relevant to the present petition, section 92 limits the pleadings and motions that are allowed in limited civil cases. It provides:

"(a) The pleadings allowed are complaints, answers, cross-complaints, answers to cross-complaints and general demurrers.

"(b) The answer need not be verified, even if the complaint or cross-complaint is verified.

"(c) Special demurrers are not allowed.

"(d) Motions to strike are allowed only on the ground that the damages or relief sought are not supported by the allegations of the complaint .

"(e) Except as limited by this section, all other motions are permitted ." (Italics added.)

B. The Appellate Division's Analysis of Section 92(d)

The issue before us turns on the interpretation of section 92(d), and specifically whether a special motion to strike brought pursuant to section 425.16 is a "motion to strike" within the meaning of section 92(d).

The appellate division concluded: "In subdivision (a) of the anti-SLAPP statute, the Legislature expressed its intent to curb a 'disturbing increase in lawsuits' brought to chill First Amendment rights and rights to petition. In that same provision, it mandated the anti-SLAPP legislation be 'construed broadly' to serve this purpose. Given this compelling language, and the absence of anti-SLAPP statutes when section 92 was passed, we harmonize the provisions and hold that section 92 does not bar a defendant to a limited civil complaint from moving to strike a cause of action on the ground that it violates section 425.16."

division found that "motions to strike" as used in section 92(d) are only those motions described by section 435 et seq., which " 'challenge[ ] the legal sufficiency of the complaint's allegations.' " It found that, unlike traditional motions to strike under section 435 et seq., special motions to strike under section 425.16 are not motions to strike because they "do[ ] not simply challenge the sufficiency of an underlying complaint," but instead " 'like a summary judgment motion, pierce[ ] the pleadings and require[ ] an evidentiary showing.' " The appellate division therefore concluded that there could be "no reason to presume the 'motions to strike' referenced in section 92 include anti-SLAPP motions."

The appellate division properly recognized that there are significant differences between the motions permitted by sections 435 and 436, and section 425.16. Section 435 provides that any party may serve and file a motion to strike the whole or any part of a demurrer, answer, complaint, or cross-complaint. ( § 435, subds. (a)(2), (b)(1).) Upon a motion made pursuant to section 435, a court may strike out any "irrelevant, false, or improper matter inserted in any pleading" or "all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." ( § 436, subds. (a), (b).)

Section 425.16, in contrast, provides that a cause of action against a person is "subject to a special motion to strike" if it "aris[es] from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue." ( § 425.16, subd. (b)(1), italics added.) An " 'act in furtherance of a person's right of petition or free speech under the United States or California Constitution in connection with a public issue' includes (1) any written or oral statement or writing made before a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law, (2) any written or oral statement or writing made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law, (3) any written or oral statement or writing made in a place open to the public or a public forum in connection with an issue of public interest, or (4) any other conduct in furtherance of the exercise of the constitutional right of petition or the constitutional right of free speech in connection with a public issue or an issue of public interest." ( § 425.16, subd. (e).)

The question before us, however, is not whether there are substantive differences among the various types of motions to strike, but rather whether the Legislature intended that section 92(d)'s limitation on the type of motions to strike that may be filed in limited civil cases would apply to special motions to strike under section 425.16. We now turn to that issue.

C. Section 92(d)'s Limitation on Motions to Strike That are Allowed in a Limited Civil Case Precludes a Special Motion to Strike Under Section 425.16

As originally enacted in 1982, section 92, within the article entitled "Economic Litigation for Municipal and Justice Courts," stated in relevant part: "(d) Motions to

special motions to strike in limited civil cases, it would have so specified. (See, e.g. People v. Albillar (2013) 51 Cal.4th 47 , 56, 119 Cal.Rptr.3d 415 , 244 P.3d 1062 ["The Legislature clearly knew how to draft language limiting the nature of the [conduct addressed by the statute] and could have included such language had it desired to so limit the [statute's] reach"].)

Recent enactments affecting motions to strike and motions for judgment on the pleadings, specifically excluding their application to special motions to strike under section 425.16, demonstrate that the Legislature knows how to specify when a statutory provision does not apply to a special motion to strike. For example, section 435.5, which imposes a meet and confer requirement before the filing of a motion to strike, states at subdivision (d)(3) that it does not apply to a special motion to strike brought pursuant to section 425.16. (Stats. 2017, ch. 273, § 1.) Similarly, section 439, which imposes a meet and confer process prior to filing a motion for judgment on the pleadings, provides at subdivision (d)(3) that it does not apply to a special motion to strike brought under section 425.16. (Stats. 2017, ch. 273, § 2.) Also,

allegations within a pleading . (See 5 Witkin, Cal. Procedure, supra , Pleading, §§ 1009, 1012, pp. 420-421, 423; Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2016) ¶ 7:156, p. 7(I)-70.) The drafters of the anti-SLAPP statute were surely familiar with this understanding ." ( Baral , supra , 1 Cal.5th at pp. 393-394, 205 Cal.Rptr.3d 475 , 376 P.3d 604 , italics added.)

Accordingly, Baral teaches that the drafters of section 425.16, in devising special motions to strike, were well aware that motions to strike are a way of attacking particular allegations within a pleading. ( Baral , supra , 1 Cal.5th at pp. 393-394, 205 Cal.Rptr.3d 475 , 376 P.3d 604 .) Further, as we have indicated, the Legislature "is presumed to be aware of all laws in existence when it passes or amends a statute. [Citations.]" ( In re Greg F ., supra , 55 Cal.4th at p. 407, 146 Cal.Rptr.3d 272 , 283 P.3d 1160 .) Thus, the Legislature was mindful of section 92(d) 's restriction on motions to strike in limited civil cases at the time it enacted section 425.16. Nonetheless, the Legislature did not insert language in section 425.16 to override section 92(d), nor did it amend section 92(d) to broaden the scope of allowable motions to strike in limited civil cases.

It is for the Legislature, not the courts, to define the circumstances in which an anti-SLAPP motion be brought. ( Urick v. Urick (2017) 15 Cal.App.5th 1182 , 1195, 224 Cal.Rptr.3d 125 .) Section 425.16, subdivision (d), and section 425.17 set forth various actions to which section 425.16 does not apply. However, given that section 92(d) 's broad restriction on motions to strike in limited civil cases was already in place at the time section 425.16 was adopted, it was unnecessary for the Legislature to add language to section 92(d) or to section 425.16 specifying that a special motion to strike is not permitted in a limited civil case.

Stated another way, at the time the Legislature enacted section 425.16, it declined to add language either to section 92 or to section 425.16 to expand the range of motions to strike that are allowed in limited civil cases. By refraining from doing so, the Legislature authorized special motions to strike to be filed in unlimited civil cases,