Meadows v. Farrell







Filed 11/22/10 Meadows v. Farrell CA6




NOT TO BE PUBLISHED IN OFFICIAL REPORTS


California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.


IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

EUGENIA MEADOWS, Plaintiff and Respondent, v. BARBARA FARRELL, Defendant and Appellant.

H035309 (Santa Clara County Super. Ct. No. CV130365)

I. INTRODUCTION
Respondent and plaintiff Eugenia Meadows applied for workers' compensation benefits after she was involved in a vehicle collision. Meadows was informed by the workers' compensation insurance carrier that a nurse, appellant and defendant Barbara Farrell, would be assigned with respect to Meadows's medical care. Meadows eventually filed an action alleging intentional infliction of emotional distress and other tort claims based on statements allegedly made by Farrell. Farrell filed a special motion to strike the operative complaint as a strategic lawsuit against public participation, within the meaning of Code of Civil Procedure section 425.16,[1] the anti-SLAPP statute. The trial court denied the motion, finding that Farrell failed to show that the complaint arose from activity protected by the anti-SLAPP statute. Farrell appeals from the order denying her motion. For reasons that we will explain, based on the record in this case we will affirm the order.
II. FACTUAL AND PROCEDURAL BACKGROUND
Second Amended Complaint
Meadows filed a second amended complaint alleging as follows. In December 2006, while she was employed by Land America, a vehicle rear-ended her vehicle and she suffered injuries. She applied for and received workers' compensation benefits.
The workers' compensation carrier for Land America was defendant Sentry Insurance.[2] Sentry Insurance had a list of â€