Californians Aware, et al. v. Orange Unified School District, et al.
N/AOUTCOME: Successful anti-SLAPP motion, with $71k fee award
Petitioners filed a complaint and request for declaratory relief after the Orange Unified School District Board of Education passed a resolution censuring an individual board member for his open sessio ... n threats to fire a district employee. Petitioners claimed that the resolution violated the board member's free speech rights. The Board responded to the lawsuit by filing a special motion to strike under Code of Civil Procedure section 425.16, also known as an "anti-SLAPP" motion, which provides for the dismissal of lawsuits when a defendant has been sued for exercising his or her right of free speech and/or public participation. The Board explained that the resolution was simply its expression of disapproval of the board member's violation of Board policy and state law, and that the board member's lawsuit was an attempt to silence that opinion and to impose his own view on the Board. The trial court agreed with the Board, dismissed the board member's action, and awarded attorney fees to the District. The board member appealed the decision, which was affirmed by the Court of Appeal and the Supreme Court. The District was awarded additional fees for successfully defending the ruling in its favor.
