Richart v. Miracosta Community College Dist.
In this anti-SLAPP case, we largely agree with the trial court that plaintiff and respondent Victoria Munoz Richart's complaint against defendant and appellant MiraCosta Community College District (District) is not subject to a motion to strike under the anti-SLAPP statute, Code of Civil Procedure[1] section 425.16. The fact Richart's employment as a District administrator ended in 2010 following public controversy in 2006 and 2007 about her leadership does not bring the wrongful termination causes of action she is now asserting within the scope of the anti-SLAPP statute. The record shows Richart's wrongful termination causes of action against District are based on District's failure in 2009 and 2010 to perform duties imposed on it by the state and federal Constitutions, her contract with District or statute, and not on any exercise by District of any right protected under the petition and free speech provisions of the state and federal Constitutions. Thus, at this point in the proceedings, Richart's wrongful termination claims do not allege causes of action which arise "from any act in furtherance" of "right of petition or free speech" within the meaning of the anti-SLAPP statute.
As we also explain, with respect to Richart's claims she has been stigmatized by District's conduct in terminating her employment, the record is clear that her claims are based in substantial part on public statements individual members of District's board of trustee's (Board) made beginning in 2006. Thus, we conclude Richart's stigmatization claims are within the scope of the anti-SLAPP statute. However, we conclude that, with respect to those claims, Richart has provided sufficient evidence of likely success on the merits.
Finally, we conclude that Richart's retaliation claims, her claim she was subjected to a violent threat, and her declaratory relief cause of action are not within the scope of section 425.16.
In sum, because the claims Richart asserts are either outside the scope of the anti-SLAPP statute or Richart has shown a likelihood of success with respect to covered claims, we affirm the trial court's order denying District's motion to strike.
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