Ruiz

Introduction

Defendant Harbor View Community Association (HVCA) appeals from the trial court’s denial of HVCA’s special motion to strike the libel cause of action pursuant to Code of Civil Procedure section 425.16 (all further code references are to the Code of Civil Procedure unless otherwise indicated). Section 425.16, commonly referred to as the anti-SLAPP statute, provides for a special motion to strike “[a] cause of action against a person arising from any act of that person in furtherance of the person’s right of petition or free speech under the United States or California Constitution in connection with a public issue.” (§ 425.16, subd. (b)(1).)

The complaint, filed by Christopher R Ruiz (Ruiz) and Theresa KeaneRuiz (collectively Plaintiffs), alleges nine causes of action stemming from the denial by HVCA’s architectural committee of Plaintiffs’ conceptual plans to rebuild their house, which lies within the development subject to the HVCA. In the libel cause of action, Ruiz alone alleges two letters written by HVCA’s attorney defamed him. The trial court denied HVCA’s anti-SLAPP motion to strike the libel cause of action on the ground the letters did not come…