308 P.3d 975
N.M. Ct. App.2013Background
- Cordova was Taos Municipal Schools Board vice president.
- CQE formed to recall Cordova and filed petition June 1, 2009; district clerk scheduled a sufficiency hearing under NMSA 22-7-9.1(A).
- Hearing delayed several times; CQE dismissed the recall petition at the September 16, 2009 hearing.
- Cordova filed suit September 18, 2009 against eight CQE members alleging improper basis for recall and misuse of process.
- District court dismissed Cordova’s claims under the Anti-SLAPP statute and First Amendment protection; no record of recall proceedings was provided.
- Cordova appeals challenging the dismissal and seeks relief on claims including malicious abuse of process, civil conspiracy, prima facie tort, and declaratory judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Anti-SLAPP applicability to recall hearing | Cordova argues Anti-SLAPP applies to his claims arising from recall. | Defendants contend recall activity is protected as public participation. | Anti-SLAPP does not apply to recall hearing; it is a judicial proceeding, not a quasi-judicial public hearing. |
| Cordova pleading of malicious abuse of process | Cordova states improper affidavits and delays as improper use of process. | Defendants contend no improper use in recall filing. | Cordova stated a claim for malicious abuse of process and the claim should proceed. |
| First Amendment shield applicability | Cordova argues Noerr-Pennington/First Amendment shields prevent abuse of process claim. | Defendants rely on First Amendment protections for petitioning activity. | First Amendment does not bar malicious abuse of process claim; Noerr-Pennington not applicable here. |
| CQE standing to bring recall petition | Cordova challenged CQE’s standing as an unincorporated association. | CQE, as organizers/petitioners, had standing to recall. | CQE had standing to pursue recall under NMSA 22-7-6(D)(4) as an unincorporated association. |
Key Cases Cited
- CAPS v. Bd. Members, 113 N.M. 729, 832 P.2d 790 (1992) (recall petitions and standing principles under NM recall statute)
- Wallis v. Smith, 130 N.M. 214, 22 P.3d 682 (2001) (Rule-1-012 (dismissal standard) and standing considerations; NM Court of Appeals)
- Fleetwood Retail Corp. v. LeDoux, 142 N.M. 150, 164 P.3d 31 (2007) (malicious abuse of process elements and improper use of process)