Castillo

Defendants and appellants Hector Pacheco and Xóchitl Pacheco (also known as Ramos) (collectively, the Pachecos) appeal an order denying their anti-SLAPP (strategic lawsuit against public participation) motion (Code Civ. Proc., § 425.16), whereby the Pachecos sought to strike a nuisance complaint filed by plaintiffs and respondents Felix Castillo, Eva Castillo, Nick Adame and Connie Adame (plaintiffs).

Plaintiffs sued their neighbors, the Pachecos, alleging they were committing a nuisance by holding “large ceremonial outdoor open fire[s]” in their backyard. The Pachecos filed a special motion to strike under the anti-SLAPP statute, contending the nuisance complaint was subject to a special motion to strike because the ceremonial fire was the core element of a religious ritual.

In this apparent case of first' impression, the essential issue presented is whether a cause of action against a person arising from an act of that person in furtherance of the person’s right of free exercise of religion is subject to a special motion to strike. We conclude section 425.16 did not import wholesale the protections of the First Amendment. (U.S. Const., 1st Amend.) Protected activity…