Durkin v. City and County of San Francisco (2023)

Holding that the trial court correctly denied the anti-SLAPP motion brought by Kaufman who was named as the real party in interest in this petition for writ of administrative mandamus to challenge San Francisco’s approval of Kaufman’s building permit and mitigated negative declaration under CEQA to remodel a home in the city. Though Kaufman’s successful appeal to the city from its planning department’s decision against him may be protected activity and may have triggered Durkin’s mandate petition, Kaufman’s conduct was not the basis of the suit–no element of the administrative mandate claim depended on Kaufman’s acts, rather they were all based on the city’s conduct in response to Kaufman’s appeal