In Durkin v. City & County of San Francisco (2023) 90 Cal.App.5th 643, the First District Court of Appeal held that the trial court erred in granting the real party in interest’s special motion to strike under anti-SLAPP (strategic litigation against public participation) law on the grounds that the real party’s actions were not the basis for the petitioner’s complaint. Although the First District reversed the trial court’s decision, the Court found that the real party in interest’s special motion was not frivolous and denied petitioner’s request for sanctions.
