Dahan

INTRODUCTION

This is an appeal from an order denying an anti-SLAPP motion.1 Eden Dahan and Israel Dahan (collectively, the Dahans) cross-complained in the underlying action against Osnath Siag, Dany Siag, Emily Siag, OSB Investments, LLC, and Mega Holding Group, LLC (collectively, the Siag parties) for fraud and breach of fiduciary duty arising out of a real estate

deal. The cross-complaint includes allegations that Dany2 has been criminally prosecuted for real estate fraud and has also been a party to 55 other civil lawsuits involving fraudulent real estate transactions. The cross- complaint alleged the wrongful conduct that gave rise to the other litigation was similar to the wrongful conduct alleged to have been committed against the Dahans and showed a pattern and practice and modus operandi for committing real estate fraud. The Siag parties responded to the cross-complaint with an anti-SLAPP motion aimed at the allegations describing the 55 other lawsuits. In their view, the cross-complaint’s two causes of action for breach of fiduciary duty and fraud are “based” on these 55 other lawsuits, which involve protected activity, and the entire cross-complaint is therefore…