Kapler v. City of Alameda
Plaintiff and respondent David Kapler resigned as the City of Alameda’s fire chief after he was photographed filling a personal vehicle with city gasoline and an administrative investigation resulted in a termination decision. Kapler then sued the city and several of its officials for breach of contract and wrongful termination. The city and its officials responded with a special motion to strike under Code of Civil Procedure section 425.16[1] (an “anti-SLAPP†motion) claiming (a) their actions in investigating and taking adverse action against Kapler are protected conduct under the statute and (b) Kapler cannot establish a probability of prevailing on his claims. The trial court denied the motion on the first ground—ruling Kapler’s claims do not arise from any protected conduct. We reverse, except as to one of Kapler’s breach of contract theories. As to all other theories and causes of action, we conclude the challenged conduct is protected under the anti-SLAPP statute and Kapler has not shown a probability of prevailing on the merits.
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