Legal Opinion

Ludwig v. Superior Court

California Court of Appeal

Decided July 26, 1995No. E015539PublishedCited by 90 opinions

1Opinion of the Court

Opinion

RICHLI, J.

Petitioner Glen Ludwig, defendant in the action below, seeks a writ of mandate to compel the trial court to grant his special motion to strike under Code of Civil Procedure section 425.16. We conclude that real party the City of Barstow 2 , plaintiff below, has failed to show a “probability” of success on the merits within the scope of the statute, and that the trial court therefore erred in denying Ludwig’s motion. We will grant the relief prayed.

Statement of the Case

In a nutshell, petitioner Ludwig wishes, or has wished, to develop a discount mall in or near the Cities of…

2Cases cited41 opinions

  1. Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.Supreme Court of the United States · 1961
  2. United Mine Workers v. PenningtonSupreme Court of the United States · 1965
  3. California Motor Transport Co. v. Trucking UnlimitedSupreme Court of the United States · 1972
  4. Blank v. KirwanCalifornia Supreme Court · 1985
  5. Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc.Supreme Court of the United States · 1993

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3Cited by90 opinions

  1. Briggs v. Eden Council for Hope & OpportunityCalifornia Supreme Court · 1999
  2. Soukup v. Law Offices of Herbert HafifCalifornia Supreme Court · 2006
  3. Rusheen v. CohenCalifornia Supreme Court · 2006
  4. ComputerXpress, Inc. v. JacksonCalifornia Court of Appeal · 2001
  5. Church of Scientology v. WollersheimCalifornia Court of Appeal · 1996

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