California Legal Brief

The Rule of People ex rel. Yolo-Solano Air Quality Management District v. Spencer Defty is that a cross-complaint challenging the validity of an internal agency policy does not arise from protected activity under the anti-SLAPP statute when the regulatory enforcement actions are merely evidence of the policy's application rather than the basis for liability, under circumstances where the cross-complaint seeks declaratory relief that the policy was adopted without proper rulemaking procedures.