Stewart

—Defendants Rolling Stone LLC and Wenner Media LLC appeal from an order denying their special motion to strike a class action complaint under Code of Civil Procedure section 425.16 (hereafter section 425.16). Section 425.16 sets out a procedure for striking complaints in lawsuits that are commonly known as SLAPP suits (strategic lawsuits against public participation). Defendants contend the trial court erred in concluding that a triable issue exists as to whether the editorial feature that is the subject of this litigation constitutes commercial speech. They also claim plaintiffs have failed to present evidence sufficient to establish that they have a probability of prevailing on the merits. We agree and reverse.

FACTUAL BACKGROUND

Defendants are the publishers of Rolling Stone magazine. The named plaintiffs in this class action lawsuit are “indie rock” musicians whose band names are included with the names of over 100 other bands in an editorial feature entitled Indie Rock Universe (the Feature) that appeared in the November 15, 2007 issue of Rolling Stone. The named plaintiffs are musicians James Stewart, Devin Hoff, and Caralee McElroy of the band “Xiu Xiu,” along…