In Squires v. City of Eureka, ordered published November 14, 2014, the First District Court of Appeal, Division 2, affirmed an order striking the plaintiffs' 42 U.S.C. section 1983 lawsuit attacking the city for allegedly discriminating against the landowners, as a "class of one," in enforcing code actions against the many properties the plaintiffs owned in the city. The appellate court agreed with the trial court that the code enforcement was protected action under the Anti-SLAPP law. The question was therefore whether the plaintiffs could show a sufficient probability of prevailing on their claims. The declarations they provided failed to show that they could meet the "class of one" criteria. Stating that other properties worse of than theirs were not being prosecuted did not show unconstitutionally unequal treatment, particularly in the realm of code enforcement which required a high level of discretion.