Goldstein v. Ralphs Grocery Co.

(1) Defendant, Ralphs Grocery Company, purports to appeal from the denial of its special motion to strike the complaints of various plaintiffs in a class action. The special motion to strike was denied *Page 231 pursuant to both Code of Civil Procedure sections 425.16 and425.17.1 Plaintiffs have moved to dismiss the appeal based on the language in section 425.17, subdivision (e). We agree with plaintiffs that section 425.17, subdivision (e) prevents an immediate appeal by defendant prior to the entry of an otherwise appealable judgment and grant the dismissal motion.

(2) Defendant filed a special motion to strike various complaints filed in this class action. The special motion to strike was denied. The trial court's 17-page order denied the motion on two grounds. First, the trial court ruled that defendant had failed to prove that its alleged misconduct, misrepresentations made to consumers, arose from the exercise of its rights of petition or free speech. The moving defendant's initial burden is to demonstrate that the challenged cause of action arose from the exercise of the right to free expression or petition. (§ 425.16, subd. (b);2 Navellier v. Sletten (2002) 29 Cal.4th 82, 89 [124 Cal.Rptr.2d 530, 52 P.3d 703];City of Cotati v. Cashman (2002) 29 Cal.4th 69, 76-77 [124 Cal.Rptr.2d 519, 52 P.3d 695].) The trial court ruled that the causes of action in the various complaints did not arise from the exercise of those rights. Second, the trial court also ruled the present litigation is a class action which is exempt pursuant to section 425.17, subdivision (b)(1)3 from the special motion to strike procedure. In response to the order denying the special motion to strike, defendant filed a writ petition challenging the order. We summarily denied the writ petition. (Ralphs Grocery Company v. Superior Court (Aug. 17, 2004, B176858) [nonpub. order].) Additionally, defendant filed a notice of appeal. Plaintiffs moved to dismiss the appeal and we allowed the parties to orally argue the issue.

Originally added in 1999, subdivision (j) of section 425.16 states, "An order granting or denying a special motion to strike shall be appealable under Section 904.1." (Stats. 1999, ch. 960, § 1.) Further enacted in 1998, section 904.1, subdivision (a)(13) states in pertinent part: "(a) An appeal . . . may be *Page 232 taken from any of the following: [¶] . . . [¶] (13) From an order granting or denying a special motion to strike under Section 425.16." (Stats. 1998, ch. 931, § 100.) In 2003, section 425.17 was enacted in response to what the Legislature found was an abuse of the special motion to strike procedure. (§ 425.17, subd. (a) ["The Legislature finds and declares that there has been a disturbing abuse of Section 425.16, the California Anti-SLAPP Law, which has undermined the exercise of the constitutional rights of freedom of speech and petition for the redress of grievances, contrary to the purpose and intent of Section 425.16"]; Scott v. Metabolife Internat., Inc. (2004)115 Cal.App.4th 404, 423, fn. 7 [9 Cal.Rptr.3d 242]; see Jewett v.Capital One Bank (2003) 113 Cal.App.4th 805, 815, fn. 5 [6 Cal.Rptr.3d 675].)