Martin v. Knauss
Ralph Martin filed a complaint against James Knauss for his alleged breach of a settlement agreement, fraud, and breach of the implied covenant of good faith and fair dealing. Knauss filed an anti-SLAPP motion to strike the causes of action for fraud and breach of the implied covenant. The trial court granted the motion to strike the fraud claim, but denied it as to the claim for breach of the implied covenant. Knauss appeals, and argues that his conduct that was alleged to breach the implied covenant of good faith and fair dealing was protected by the litigation privilege. We conclude that whether or not Knausss actions may have been protected by the litigation privilege, Knauss has failed to show the implied covenant claim arose from first amendment speech or petitioning activity that is protected by the anti-SLAPP statute. Court affirm the trial courts order.
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