In Swanson v. County of Riverside, published June 17, 2019, the Fourth District Court of Appeal, Division 1 affirmed a trial court's denial of a special motion to strike under the anti-SLAPP statute. The plaintiffs sued the defendant county because the county released a Welfare & Institutions Code section 5150 detainee after evaluation under Welfare & Institutions Code section 5152.
The appellate court concluded that an evaluation under section 5152 is not speech protected by the anti-SLAPP statute. It is not analogous to a peer review, which is protected. The suit is for the county's act in releasing the detainee, not for a statement. The appellate court declined to analyze the plaintiffs' chances for success.
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