Sweetwater Union High School District v. Gilbane Building Co.

The Supreme Court affirmed the judgment of the Court of Appeal affirming the denial of Defendant’s special motion to strike, holding that the evidence produced by Plaintiff was properly considered by the trial court in ruling on a pretrial anti-SLAPP motion in determining Plaintiff’s probability of success.Plaintiff, Sweetwater Union High School District, sued to void contracts it approved with Defendants to manage certain projects after a criminal bribery investigation into the awarding of the contracts resulted in a number of guilty or no contest pleas. Plaintiff also sought to secure disgorgement of funds already paid. Defendants brought a special motion to strike under the Anti-SLAPP Statute, Cal. Code Civ. Proc. 425.16. Plaintiff’s response relied on evidence of the various guilty and no contest pleas. The court overruled Defendants’ evidentiary objects and denied their special motion to strike. The Court of Appeal affirmed. The Supreme Court affirmed, holding that, at the second stage of an anti-SLAPP hearing, the court may consider affidavits, declarations, and their equivalents if its reasonably possible the proffered evidence set out in those statements will be admissible at trial. View "Sweetwater Union High School District v. Gilbane Building Co." on Justia Law