In Visher v. City of Malibu (2005) 126 Cal.App.4th 364, an order denying an anti-SLAPP motion was affirmed on appeal. Appellants brought a mandamus action to force the city to process a building permit while the city was engaged in litigation with the California Coastal Commission. The city filed an anti-SLAPP motion alleging that the lawsuit arose from the city's decision to sue the California Coastal Commission. The Second District affirmed the denial of the motion, explaining that the petition arose from the city's refusal to process appellants' application for a permit--not from the city's lawsuit against the coastal commission. The refusal predated the lawsuit against the coastal commission and appellants' lawsuit against the city. "While the onset of litigation may have given Malibu an additional reason not to process coastal development permits, it was Malibu's refusal to process coastal development permits of which the appellants complained, not Malibu's engagement in the protected activity of suing the Coastal Commission. Both lawsuits grew from the same single controversy, and neither was an offshoot of the other." (Id. at p. 370.)