Carla M. v. Susan E.
Defendants Susan E. and D.P. appeal from the trial courts denial of their special motion to strike plaintiff Carla M.s first amended complaint and petition. Defendants motion to strike was brought pursuant to Code of Civil Procedure section 425.16,[1] the anti-SLAPP (strategic lawsuit against public participation) statute. The amended complaint, which alleges fraud and constructive fraud, seeks to rescind defendants adoption of P.P. and to reestablish plaintiffs parental rights. Defendants contend that the amended complaint falls within the statute because the causes of action arise from defendants right to petition. Specifically, defendants argue that the amended complaint is based on defendants statements and writings made before a judicial proceeding or in connection with an issue under consideration or review by a judicial body, or . . . official proceeding authorized by law. ( 425.16, subd. (e)(1), (2).) Accordingly, defendants claim the court erred in denying the special motion to strike. Court disagree, and affirm the trial courts order.
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