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The appellate court upholds the trials court's granting of a special motion to strike the complaint. Held: The anti-SLAPP statutes applies to allegedly defamatory statements made at meetings of a homeowners association and in the association's newsletter because both forums were open to the public and the defendants' statements "concerned the manner in which a large residential community would be governed."

Note! Opinion overruled by Assembly Bill 1158 (2005).

UDR is a consumer reporting agency that gathers and sells information about unlawful detainer cases. Several tenants, after unsuccessfully attempting to have UDR amend information about them in UDR's records, sued UDR, alleging negligence, defamation, and other acts. The trial court denied UDR's anti-SLAPP motions to strike the complaints, finding that the motions were frivolous. The appellate court affirms on the grounds that UDR's motions did not meet the requirement in the anti-SLAPP statute for notice of a hearing no later than 30 days after service of the motion. (See also Schoendorf v. U.D. Registry, Inc. (2002)).

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Dickens was charged in criminal court with defrauding Provident by submitting false claims that he was disabled. Dickens was acquitted by a jury. He then sued Provident, alleging malicious prosecution and other causes of action. The trial court granted defendant's anti-SLAPP motion. The appellate court affirms, holding that a malicious prosecution claim based on termination of a criminal prosecution in plaintiff's favor is subject to the anti-SLAPP statute. The court concludes that Dickens failed to establish a prima facie case of liability for malicious prosecution because he offered no evidence that defendant was instrumental in the criminal prosecution against Dickens.

Surveyor brought an action against a university professor, alleging interference with economic relationships, libel, slander, and trade libel arising from statements critical of the surveyor's report regarding a proposed development at the university. The statements were made during the public review period following issuance of a negative declaration under the California Environmental Quality Act (CEQA). The lower court's denial of a special motion to strike the complaint is reversed.

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A recording company sued a law firm for defamation for alleging the company had failed to pay royalties to charities designated by celebrities who had made a recording. The lower court's granting of the defendants' special motion to strike the complaint is affirmed. The law firm's letter to celebrities who had participated in the recording is protected from defamation liability under Civil Code s. 47 as a communication preliminary to an official proceeding. Defendants' appellate attorney fees are recoverable as part of attorney fees authorized by the anti-SLAPP statute.

Landlord sued attorney who represented tenants in unlawful detainer action for defamation, misrepresentation, and infliction of emotional distress. The appellate court affirms the trial court's granting of a special motion to strike the complaints. The anti-SLAPP statute applies because the cause of action is statements made in connection with a pending unlawful detainer action, statements that arguably involved public issues of nuisance and safety (defendant stated that someone had twice entered a locked garage and turned off the dial of the tenants' water heater). Plaintiff's complaint was pleaded without the requisite specificity and defendant's statements were privileged under Civil Code section 47(b). The court of appeal also stated that the provision in the anti-SLAPP law for attorney fees must be construed broadly, that a pro per defendant could collect fees under anti-SLAPP law for assistance from retained anti-SLAPP counsel, and that defendant could proceed to collect fee award even though plaintiff had appealed it, unless plaintiff posted a bond.

Bleau Fox, a law firm, won a legal malpractice action against Drum and his law firm in a jury trial. Although the judge stayed the judgment pending notice of appeal, Bleau Fox immediately filed a levy against Drum's bank account. Drum then filed a complaint against Bleau Fox for abuse of process. The trial court granted defendant's anti-SLAPP motion to strike the complaint. The appellate court reverses on the grounds that Drum had established a prima facie case and the action is not barred by the litigation privilege (Civil Code § 47(b)).

After he was terminated as assistant business manager for a union, the union's trustee posted a statement on the Internet that Du Charme had been fired for "financial mismanagement". Du Charme sued the trustee and the union on a variety of complaints. Defendants filed an anti-SLAPP motion, which the trial court denied on the grounds that the statement posted on the Internet was not made in connection with any official proceeding and did not concern a public issue, as required by the anti-SLAPP statute. The appellate court affirms, emphasizing that a statement must concern an issue of widespread public interest to qualify for protection of the anti-SLAPP statute. "[M]ere publication ... should not turn otherwise private information ... into a matter of public interest."

A class action was filed against DuPont, claiming damages on behalf of purchasers of a drug manufactured by DuPont and alleging that DuPont made false statements before regulatory bodies, the medical profession, and the public regarding the drug. DuPont filed a special motion to strike the complaint under the anti-SLAPP statute. The motion was denied by the trial court. The appellate court determined that the remarks complained of were "acts in furtherance of the person's [DuPont's] right of petition or free speech" protected by the anti-SLAPP statute and remanded the case to the trial court to determine whether plaintiff could demonstrate a probability of prevailing on its claims, as required by the statute. (See also Vess et al. v. Ciba-Geigy Corp. et al., 9th Circuit Court of Appeal.)

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Plaintiffs sued, claiming defendants had committed various torts as part of a wrongful attempt to control a church. Defendants filed an anti-SLAPP motion, which the trial court granted for only one of the eleven causes of action (for conspiracy). The trial court denied defendants’ motion for attorneys fees and defendants’ appealed. The appellate court affirmed, finding that the results of the anti-SLAPP motion were so minimal and insignificant that the case remained essentially the same, and the defendants were not prevailing parties, justifying the lower court's ruling that defendants should not recover fees.

Note! Opinon disapproved by the California Supreme Court in Briggs v. ECHO.

Ericcson sued a consultant who recommended another company's proposal to supply and install a communications system for Ventura County, alleging that the consultant intentionally misrepresented the merits of Ericcson's proposal. The trial court's granting of a special motion to strike the complaint is reversed. The appellate court concludes that the consultant's report was prepared in fulfillment of a contract, not for the purpose of speaking out on a public issue (expenditure of public funds).

A former public official sued individuals who had filed a notice of petition to recall him from office, alleging that statements made in the notice were defamatory. The court affirmed the trial court's dismissal of the action, and held that evidence opposing a special motion to strike a complaint must be admissible and declarations may generally not be based on information or belief.

Note! Opinion overruled by Assembly Bill 1158 (2005).

The trial court denied defendants' anti-SLAPP motion because it was not heard within 30 days after service of the motion and defendants did not establish that the court's docket conditions required a later hearing, as required by the state's anti-SLAPP statute. The appellate court affirms.

A seller of women's apparel filed an action for defamation against the Coalition, a nonprofit organization, alleging that defendants falsely claimed it was responsible for "hundreds of thousands of dollars" in unpaid wages due its workers. The trial court denied defendants' anti-SLAPP motion, ruling that Fashion 21 had established a probability of prevailing on its complaint. The appellate court reverses on the grounds that plaintiffs failed to demonstrate a probability of proving the falsity of defendants' statements about unpaid wages. See companion case Garment Workers Center et al. v. Superior Court.

Fontani sued his former employer, Wells Fargo Investments, alleging numerous causes of action based on his termination. Among the allegations was a claim that Wells Fargo defamed him when it reported the reasons for the termination to the National Association of Securities Dealers (NASD). Wells Fargo moved to strike the defamation complaint under the anti-SLAPP statute, claiming that its report to the NASD was an exercise of free speech on a matter of public interest in connection with an official proceeding. Wells Fargo argued that the NASD is a regulatory body of the securities industry (NASD's regulatory authority is conferred by federal securities laws). The trial court denied the motion without explanation. The appellate court reverses on the grounds that NASD constitutes an official proceeding for purposes of the anti-SLAPP statute, and that, since the report to NASD is privileged under Civil Code § 47, Fontani cannot prevail on his defamation complaint.

After the board of directors of a homeowners association imposed a special assessment, a homeowner obtained a court judgment that the assessment was illegal. Subsequently a majority of the homeowners approved the same assessment. The homeowner again obtained a court judgment that the assessment was illegal and levied the association's account and retrieved his payment. The association sued for a declaration that the assessment complied with the law. The homeowner filed a special motion to strike the complaint, alleging that the association's suit was in retaliation for his opposition to the association governing board. The appellate court affirmed the trial court's denial of the homeowner's special motion. The court found that, although the association's meetings could be considered a public forum and the homeowner's actions involved an issue of public interest, "section 425.16 motions should be not be granted unless the court finds the plaintiff's case is meritless," and here the plaintiff's case had merit.

Plaintiffs claimed that Sen. Bill 841 was an invalid and unconstitutional amendment of Proposition 103 and sought to enjoin defendants from implementing or enforcing it. In their complaint, plaintiffs made allegations regarding Mercury’s alleged involvement in the political process. Mercury moved to intervene, and then filed an anti-SLAPP motion. The trial court denied the motion as “frivolous” on the grounds that 1) plaintiffs’ action was exempt from Mercury's anti-SLAPP motion under CCP § 425.17 (b); 2) Even if § 425.17 didn’t apply, Mercury failed to meet its burden to show that the claim arose out of Mercury’s actions in furtherance of the right of petition or free speech; and 3) Mercury lacked standing to bring an anti-SLAPP motion because petitioners had not sued Mercury and the petition did not allege any cause of action against Mercury. The appellate court affirmed.

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After learning that Paladino planned to sue Fox for wrongful termination, Fox sued Paladino, its former in-house counsel, alleging disclosure of confidential and privileged information. The trial court denied Paladino's special motion to strike the complaint. The appellate court reversed, concluding that Fox could not show a likelihood of prevailing on the merits inasmuch as an in-house counsel could disclose ostensible employer-client confidences to his own attorneys in the preparation of a suit for wrongful termination by the employer.

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Evidence that is normally inadmissible may, if no objections are raised, be considered by the court in determining whether a plaintiff challenged by an anti-SLAPP motion has demonstrated a probability of prevailing on the complaint.

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Gallant alleged she was terminated as general manager of the city after she reported misdeeds of a city attorney and that, prior to her termination, employees of the city had made public defamatory remarks about her competency as general manager. She sued the city for defamation and wrongful termination. City filed an anti-SLAPP motion to strike the complaint for defamation, which the trial court granted. The appellate court reverses on the grounds that Gallant had demonstrated a probability of prevailing on her claim.

Gallimore sought damages from State Farm for alleged misconduct in handling his claims. The company filed an anti-SLAPP motion to strike the complaint, arguing that Gallimore's allegations were based on reports that the company had filed with the state's Department of Insurance. The trial court granted the motion. The appellate court reverses on the grounds that the lower court, and State Farm, had confused allegations of wrongdoing with the evidence required to prove them.

In this companion case to Fashion 21 et al. v. Coalition for Humane Immigrant Rights of L.A. et al. the appellate court considers whether the trial court had "good cause" to lift the stay on discovery required when an anti-SLAPP motion is filed. Before hearing defendants' special motion to strike plaintiffs' libel claim, the trial court permitted plaintiffs to conduct discovery on the issue of actual malice. The appellate court concludes that the trial court absued its discretion in allowing discovery on actual malice before first determining whether plaintiffs had a reasonable probability of establishing the other elements of libel.

Note! Opinion affirmed by California Supreme Court decision.

Gates had been convicted of accessory after the fact to a murder and served three years in prison. Several years later Discovery produced a program about the crime, portraying Gates's involvement. After the program was broadcast, Gates sued Discovery for defamation and invasion of privacy. The trial court granted Discovery's demurrer to the defamation cause of action but denied its demurrer to the complaint for invasion of privacy. Discovery then filed an anti-SLAPP motion to strike the latter complaint; the court denied the motion, finding that Discovery had failed to demonstrate that its account of the crime was newsworthy, thus making it likely that Gates would prevail on his complaint for invasion of privacy. The appellate court reverses on the grounds that the trial court had relied on outdated case law concerning the tension between invasion of privacy and First Amendment protection. According to the court, Discovery's report is protected by the First Amendment and current case law would make it impossible for Gates to prevail on his claim.

Defendants wrote a letter to the state superintendent of education concerning Ghafur and the charter schools he managed. The letter urged an investigation of religious instruction in the schools and a link to an Islamic terrorist organization. Ghafur sued defendants for defamation. The trial court granted defendants' special motion to strike the complaint. The appellate court affirms on the grounds that Ghafur was unlikely to prevail on his complaint. Ghafur, as a public official, was required to proffer clear and convincing evidence that defendants acted with malice and he had not.

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In a class action Ralphs Grocery filed an anti-SLAPP motion, which was denied by the trial court on the grounds that the various causes of action did not arise from conduct protected by the First Amendment, and in any case class actions are exempt from the special motion to strike under the state's anti-SLAPP statute. Defendant filed a writ petition, which was summarily denied. It then filed a notice of appeal. The court dismisses the appeal. Held: When a special motion to strike is denied on the grounds the cause of action is exempt from the anti-SLAPP statute procedures, the right of immediate appeal under the statute is inapplicable.

The Taxpayers Alliance paid for a television ad critical of Davis. After the ad was broadcast, the Davis Committee sued for injunctive relief, seeking to compel the Alliance to comply with disclosure and reporting requirements of the Political Reform Act of 1974. The Alliance filed an anti-SLAPP motion to strike the complaint, which was denied by the trial court. The appellate court reverses on the grounds that the financing of the TV ad was activity protected by the First Amendment and the Davis Committee was not likely to succeed in its bid to compel the Alliance to comply with the Political Reform Act. The court distinguishes this case from Paul for Council v. Hanyecz.

Greka Integrated, Inc. sued a former employee for breach of contract and conversion. The trial court granted defendant’s anti-SLAPP motion and the appellate court affirmed. The appellate court held that where a party expressly consents to an untimely hearing date, he has thereafter waived his right to object thereto. The court found that defendant’s statements were covered by the anti-SLAPP law because they were made to his counsel, to authorities, in deposition, and in trial testimony. The court also found that Greka presented no evidence that defendant disclosed proprietary or confidential information or that defendant’s possession of the information was wrongful.

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Plaintiff homeowner sued defendant homeowners association for allegedly defamatory statements defendant’s attorneys made in a letter which it sent out to residents of Tuscany Hills regarding a legal dispute over access through plaintiff’s property.  The trial court denied defendant’s anti-SLAPP motion. The appellate court reversed, finding that the letter was protected by the litigation privilege and thus plaintiff could not prevail.

The parties had had a business relationship for a brief period. After the relationship was ended, Lawyers Title sued HMS to recover fees allegedly owed it. Judgment was entered by stipulation. HMS then filed a complaint for malicious prosecution against Lawyers Title. Defendant's special (anti-SLAPP) motion to strike the complaint was denied by the trial court. The appellate court affirms the order, concluding that HMS had met its burden of establishing a probability of prevailing on it malicious prosecution lawsuit by making a prima facie showing that Lawyers Title acted with the intent to deliberately misuse the legal system for personal gain or satisfaction at HMS's expense.

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Huntingdon Life Sciences, Inc. (HLS) and its employee Claire Macdonald sued defendant animal rights activists for trespass, harassment, and related causes of action arising from protests which occurred outside plaintiff Macdonald’s home. Defendants appealed an order denying their anti-SLAPP motion.

The appellate court affirmed the denial as to some but not all causes of actions. The court held that the anti-SLAPP statute applied because the gravamen of the action against defendants was based on their exercise of First Amendment rights, and that mere allegations that defendants acted illegally did not render the anti-SLAPP statute inapplicable. As to the probability of plaintiffs’ prevailing on the merits, the court held that collateral estoppel based on the granting of a preliminary injunction was inapplicable to an anti-SLAPP motion because the issues were not identical. It granted the motion to strike the causes of action for trespass and intentional and negligent interference with prospective economic advantage because plaintiffs produced insufficient evidence. It also granted the motion to strike plaintiffs’ cause of action for negligent infliction of emotional distress because plaintiff failed to show duty. The court affirmed the denial as to the causes of action for harassment, intentional infliction of emotional distress, invasion of privacy, and Macdonald’s individual unfair competition claim because plaintiffs showed a probability of prevailing.

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Ingels sued Westwood for violation of the Unruh Civil Rights Act after he was not allowed to participate in a call-in radio program because he was too old for the program's audience. The trial court granted Westwood's anti-SLAPP motion. The appellate court affirms on the grounds that Ingels had not met his burden of demonstrating a probability of prevailing on his Unruh Act claim.

Note! Opinion superseded by California Supreme Court granting of petition for review (Sept. 10, 2007).

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Plaintiff holding company sued defendant for defamation and other causes of action arising out of an email message in which defendant questioned plaintiff's financial condition with regard to its purchase and operation of four hospitals. Defendant filed an anti-SLAPP motion, which the trial court denied. The appellate court reversed, finding the email message concerned an issue of public interest, and plaintiff failed to show a probability of prevailing on its claims because it failed to show falsity or any waiver of defendant's First Amendment rights.

Attorneys sued for litigation-related malpractice filed an anti-SLAPP motion. The trial court denied the motion, concluding that the malpractice action was not subject to the anti-SLAPP statute. The appellate court affirms. Held: the suit does not arise out of the attorneys' First Amendment right to petition but rather from negligent failure to protect a client's legal rights.

Jewett filed a class action complaint against the bank, alleging that the bank's mailed offers of lines of credit constituted deceptive and unfair business practice. The bank moved to strike the complaint under the anti-SLAPP statute, arguing that its mass solicitations were protected speech involving a public issue or an issue of public interest. The trial court granted the motion. The appellate court reverses, holding that credit card solicitations do not qualify for protection under the anti-SLAPP statute. "[T]o extend the protection of section 425.16 [of the Civil Code] to credit card solicitations would subvert the intent of the Legislature in enacting section 425.16...."

The trial court denied a motion for attorney fees under CCP &sect425.16. Subsequently it granted a motion for reconsideration and then awarded attorney fees. At issue on appeal is whether the trial court had jurisdiction to reconsider its initial order. The appellate court concludes that it did.

Kajima sued the City for payment for work and the City cross-complained of breach of contract. Kajima moved to strike the cross-complaint as a SLAPP; the trial court denied the motion. The appellate court affirms the denial. The court concludes that the allegations in the City's cross-complaint arose from Kajima's bidding and contracting practices, not from "acts in furtherance of its right of petition or free speech." The court states: "We publish this opinion ... to emphasize that a cross-complaint or independent lawsuit filed in response to, or in retaliation for, threatened or actual litigation is not subject to the anti-SLAPP statute simply because it may be viewed as an oppressive litigation tactic. No lawsuit is properly subject to a special motion to strike under section 425.16 unless its allegations arise from acts in furtherance of the right of petition or free speech."

Kashian was chairman of the board of trustees of a nonprofit community hospital, which planned to build a for-profit hospital in partnership with several physicians. Harriman, a public-interest lawyer, wrote a letter to the state attorney general asking for an investigation of the hospital's tax-exempt status, alleging that Kashian had a pecuniary interest in certain of the hospital's transactions. Kashian sued Harriman for defamation and unfair business practices; the latter complaint was based on the allegation that Harriman was engaged in the practice of litigation designed to "extort settlements" that benefitted Harriman. The trial court granted Harriman's special motion to strike the complaint under the anti-SLAPP statute. The appellate court affirms. Its lengthy opinion is devoted in large part to a discussion of whether the immunity from liability under Civil Code § 47 (the "litigation privilege") applies to allegations of violations of the state's "unfair business practice" statute (Business and Professions Code § 17200).

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Plaintiff voluntarily dismissed his complaint with prejudice after defendant had filed a special motion (sec. 425.16) to strike the complaint but before the court had ruled on the motion. The trial court issued an order granting the motion to strike but did not mention the request for dismissal. Held: a plaintiff retains the right to voluntary dismissal at any time before a ruling by the trial court on a special motion to strike the complaint. The trial court lacked jurisdiction to strike the complaint. Nevertheless, the trial court's adjudication of the merits of the motion support affirmance of the award of attorney's fees and costs to defendant, without the need for remand.