ELR Citation: ELR 20210
No(s). 221454 (Cal. Super. Ct. Jan 5, 1973)

Plaintiff's complaint, which alleges injury from defendants' malicious conspiracy to persuade government decisionmakers to abandon construction of a highway, is dismissed for failure to state a cause of action upon which relief can be granted. The court follows Sierra Club v. Butz, 2 ELR 20698, which held that a person's First Amendment right to petition the government protects him from a civil action of malicious interference with advantageous relationships, unless it can be shown that he harmed plaintiff while merely acting "under the guise of attempting to persuade the government."

Counsel for Plaintiff
Karlton, Blease & Vanderlaan
1107 Ninth Street
Sacramento, CA 95814

Counsel for Defendant
Dahl, Hefner, Stark, Marois & James
Forum Building
Sacramento, CA 95814