Trago Internat., Inc. v. Montgomery
Trago International, Inc. and its chairman, Christopher Condon (together, Trago International) brought a lawsuit alleging interference with prospective economic advantage and trade libel based on emails sent by defendants Tyrone Montgomery, Douglas Lovison, and George Kosty to Trago Internationals employees, and others. Defendants filed special motions to strike the complaint arguing that Trago Internationals action was a SLAPP suit.[1] The trial court denied the motions. We hold that Trago Internationals complaint was a SLAPP suit subject to an anti-SLAPP motion to strike. The complaint arose out of an emailed cease-and-desist letter. That cease and desist letter was a communication preparatory to the commencement of litigation and so it was a communication in furtherance of defendants constitutional right to petition. (Code Civ. Proc., 425.16, subd. (e)(2).)[2] We further hold that as a matter of law, Trago International cannot meet its burden in opposing the anti-SLAPP motion because the emails are privileged communications. (Civ. Code, 47, subd. (b).) Accordingly, Court reverse the orders with directions.
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