City of Montebello, Plaintiff and Respondent v. Rosemarie Vasquez et — Liu, J., Concurring in Part and Dissenting…

Summary

This concurring and dissenting opinion argues that an elected official's legislative vote is not an act protected by the anti-SLAPP statute because voting is not an exercise of free speech under either the federal or California Constitution. It reasons that the statutory categories covering conduct in furtherance of speech do not extend to a legislator's vote itself, even though related statements and participation in public meetings may be protected. The opinion would affirm the Court of Appeal's judgment on that ground and otherwise joins the court's opinion.