Huntingdon Life Sciences, Inc. v. Stop Huntingdon Animal Cruelty USA, Inc.

This is an action for trespass, harassment under Code of Civil Procedure sections 527.6 and 527.8 and related causes of action arising from incidents at the home of plaintiff Claire Macdonald, an employee of plaintiff Huntingdon Life Sciences, Inc. (HLS), an animal testing laboratory. Defendants Stop Huntingdon Animal Cruelty USA, Inc. (SHAC USA), Kevin Kjonaas and David Agranoff appeal an order denying their special motion to strike the complaint under the anti-SLAPP (strategic lawsuit against public participation) statute. (§ 425.16.)

Contrary to plaintiffs’ contention, we conclude the complaint arises from protected speech within the meaning of section 425.16. As to SHAC USA and Kjonaas, we affirm the order as to plaintiffs’ cause of action for harassment, as they showed a probability of prevailing thereon. Considering the factual context and all the circumstances, certain entries SHAC USA published on its Internet Web site constituted a “ ‘credible threat of violence’ ” within the meaning of sections 527.6, subdivision (b)(2) and 527.8, subdivision (b)(2).

We also affirm the order as to Macdonald’s causes of action against SHAC USA and Kjonaas for intentional…