Currently before the Court are the following matters: (1) the motion by respondent and defendant San Jose Unified School District (“District”) to stay this action; and (2) the special motion by District to strike the first amended petition and complaint (the “FAPC”) of petitioner and plaintiff Promise Public Schools, Inc. (“Promise”).

Factual and Procedural Background

This is a petition for writ of mandate and complaint for declaratory and injunctive relief. Promise filed its original petition and complaint against District on March 26, 2018. Thereafter, Promise filed the operative FAPC against District on April 19, 2018.

According to the allegations of the FAPC, Promise submitted a petition in 2017 to establish a charter school serving downtown San Jose’s student populations. (FAPC, ¶ 18.) District denied the charter petition and Promise appealed the denial to the State Board of Education (the “SBE”). (Ibid.)

While its appeal of the denial of its charter petition was pending befor