Yeh

I. INTRODUCTION

Defendants1 appeal from the denial of their special motion to strike pursuant to Code of Civil Procedure section 425.16 (section 425.16), the anti-SLAPP statute.2 We affirm.

II. BACKGROUND

A. Complaint

On October 25, 2022, plaintiff Ching Wen Yeh filed a complaint against defendants asserting two employment-based causes of action for (1) wrongful termination in violation of public policy; and (2) retaliation in violation of Labor Code section 1102.5. In support of his first cause of action, he alleged as follows: From approximately 2000, Oxy-Health employed plaintiff to sell “hyperbaric oxygen chambers throughout the world.” To maximize his sales performance, Oxy-Health allowed plaintiff to advertise the oxygen chambers on his own website.

Defendants are Oxy-Health, LLC (Oxy-Health) and Samir Patel (Patel). Subsequent to the filing of the notice of appeal, defendants’ counsel filed a notice that Patel passed away on July 2, 2023, and defendants’ amended opening brief indicates that an application for their counsel to represent the estate of Patel is pending.

“A ‘SLAPP’ is a ‘“strategic lawsuit against public participation”’ [citation],…