Seltzer v. Barnes
Defendant Michael A. Barnes (appellant) appeals an order denying his special motion to strike the complaint filed by plaintiff Margaret A. Seltzer (respondent) pursuant to the anti-SLAPP statute (Code Civ. Proc., 425.16). Appellant contends the trial court erred in concluding respondents two causes of action against him do not arise from speech or petitioning activity, where his alleged conduct was the negotiation of a settlement agreement in a prior case. Court agree. Moreover, because appellant may not be held liable for the alleged conduct under the litigation privilege (Civ. Code, 47, subd. (b)), respondent has failed to demonstrate a probability of prevailing on her causes of action for fraud and intentional infliction of emotional distress. court reverse the trial courts order and remand with directions to the trial court to grant appellants section 425.16 motion to strike.
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