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BACKGROUND

On May 27, 2021, Cram signed a sales contract with BBQC for the purchase of a used 2011 Chevrolet Silverado 1500 truck, with 71,066 miles on the odometer. Cram also signed documents stating she was purchasing the truck “ ‘AS IS’ ” and that BBQC was making no warranty concerning the truck. When Cram purchased the truck, she also purchased a Vehicle Service Contract covering the truck from GWC Warranty. BBQC alleges that although Cram signed the sales contract on May 27, 2021, she did not take possession of the truck until May 30, 2021, when she signed a Used Vehicle Disclosure confirming she received actual possession on May 30, 2021.

1 All further statutory references are to the Code of Civil Procedure, unless stated otherwise. Section 425.16 is also referred to as the strategic lawsuit against public participation statute, or anti-SLAPP statute, and a special motion to strike under section 425.16 is also commonly referred to as an anti- SLAPP motion.

2 On May 28, 2021, BBQC took the truck to a third-party vendor to have it weighed and obtained a Weighmaster Certificate stating the truck was weighed at 12:07 p.m. on May 28, 2021. On May 29, 2021, BBQC took the truck…