Gunther v. KD Learning
On the eve of closing a deal with a major investor, a disgruntled manager employed by respondent KD Learning, Inc. (KDL)--appellant Sherry Gunther--telephoned the investor and disparaged KDL's management practices. As a result of Gunther's call, the investor backed out of the deal. KDL sued Gunther for interfering with a prospective economic advantage and breach of fiduciary duty. Gunther moved to strike the pleading as a Strategic Lawsuit Against Public Participation (SLAPP). (Code Civ. Proc., § 425.16.)[1] We affirm the trial court's denial of Gunther's motion. Gunther was not exercising her right to free speech â€
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