Faulkner v. City of Oceanside
Plaintiffs Duncan Faulkner and his mother, Catherine Ibarra, filed a complaint alleging the defendants conspired to deny Faulkner his legal rights to compensation for injuries he incurred during an assault by inadequately investigating the incident and making false statements to the police and the small claims court. The court granted Defendants' special motions to strike the complaint under Code of Civil Procedure[1] section 425.16, concluding the statute protected the activities underlying the asserted claims and appellants could not establish a probability of success on the merits, and entered judgment in favor of defendants.
On appeal, Faulkner and Ibarra contend the court erred in granting the special motions to strike because the conduct underlying the complaint was illegal as a matter of law and therefore not entitled to protection under the anti-SLAPP statute, and, even if the conduct was entitled to protection, they made a sufficient showing on the merits of
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