A Los Angeles County Superior Court has granted the city of Beverly Hills’ special motion to strike nearly all of the claims in the case filed last year by DuPont Clinic, PC, et al (“DuPont”). As previously reported by the Courier, DuPont alleges that the city interfered with its efforts to open a reproductive healthcare clinic on Wilshire Boulevard due to pressure from anti-abortion groups. In 2023, DuPont sued the city as well as several individuals in their official capacities (“employee managers”) alleging, among other actions, that the city improperly withheld permits for the premises and pressured the landlord Douglas Emmett to rescind DuPont’s lease.
The DuPont complaint alleges causes of action for tortious interference with contractual relations and related claims and for negligent and intentional misrepresentation. DuPont has filed a separate breach of contract action against Douglas Emmett, which is still pending.
Earlier this year, the city and its employee managers filed a special motion to strike under what is commonly known as the anti-SLAPP statute (CCP 425.16). That statute confers “protected activity” status on a wide swath of official statements, including those made in connection with issues under consideration or review by an official body or proceeding.
The court ruled that most of the conduct alleged in the complaint fell into the category of a protected statement and as such, must be struck from the complaint. The ruling did not extend to allegations regarding the withholding of permits by the city, however.
“We are pleased that the Court has vindicated the city’s position through a neutral evaluation of the evidence,” said Mayor Lester Friedman in a statement. “As the city has indicated time and again, it vigorously supports a woman’s right to choose and the decision to rescind DuPont Clinic’s lease was not made by the city of Beverly Hills. We welcome future medical facilities that offer complete reproductive health services to Beverly Hills.”
A statement from DuPont indicated, “DuPont is very disappointed with the Court’s ruling today, especially in light of the complaint filed by the California Attorney General that points to clear wrongdoing on the part of the city of Beverly Hills. DuPont remains committed to its claims against the city of Beverly Hills and believes that the merits of its case will ultimately prevail.”
As of press time, the next procedural steps in the case—including an appeal by DuPont—are not clear. The city has indicated it intends to pursue its attorney’s fees in the matter and the Courier will continue to report on all future developments.
