Canko v. King CA2/3
This is an appeal from an order striking a cross-complaint pursuant to California’s anti-strategic lawsuit against public participation (anti-SLAPP) statute (Code Civ. Proc., § 425.16).
Defendant and cross-complainant Frank Canko is the majority shareholder of Jegerman, Inc. Plaintiff and cross-defendant Chantel King is the company’s sole minority shareholder. King filed a shareholder derivative action against Canko on behalf of nominal defendant Jegerman, alleging Canko breached his fiduciary duty by seeking repayment of loans he made to the company. In response, Canko filed a cross-complaint, alleging King fraudulently induced him to make the loans to Jegerman. King moved to strike the cross-complaint as a SLAPP arising from protected activity—namely, the filing of her derivative action. The trial court granted the motion to strike.
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