Wallace v. McCubbin

Opinion

NEEDHAM, J.

Lois McCubbin and Joshua Merck appeal, from an order denying their special motion to strike two causes of action from respondents’ *1175complaint under the anti-SLAPP (strategic lawsuit against public participation) statute. (Code Civ. Proc., § 425.16.)1 They contend that the acts on which the causes of action are based constitute activity protected by the statute, and the court erred in ruling that those acts were merely incidental to the causes of action. We agree, confirming that the first prong of analysis under the anti-SLAPP statute focuses on the acts on which liability is…