King

"The paradigm SLAPP is a suit filed by a large land developer against environmental activists or a neighborhood association intended to chill the defendants' continued political or legal opposition to the developers' plans. [Citations.]" ( Wilcox v. Superior Court (1994) 27 Cal.App.4th 809, 815 , 33 Cal.Rptr.2d 446 , disapproved on another ground by Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 68, fn. 5 , 124 Cal.Rptr.2d 507 , 52 P.3d 685 .) [1] Paradigms change. Here we conclude plaintiff developer brought its lawsuit to vindicate "a legally cognizable right," not "to obtain an economic advantage" over the defendants. ( Id. at p. 816, 33 Cal. Rptr.2d 446 .)

Plaintiffs action is for breach of contract and fraud. Defendants file an anti-SLAPP motion. (Code Civ. Proa, § 425.16.) [2] They claim the lawsuit arises from the exercise of their constitutional rights of free speech and petition in processing a tract map. The trial court denies the motion.

We conclude that the lawsuit does arise from protected activity, but the trial court properly denied the motion. Plaintiff showed a probability of prevailing on its claim. We affirm.

John and Carole…